This report explores and questions the history of human rights rhetoric through the 18th century anti-slave trade poem of Hannah More, Slavery, a poem. Hannah More used the term ‘human rights’ more than 150 years before the Universal Declaration of Human Rights. Nevertheless, when historians and political scientists track the history of human rights, it is frequently presented as “from Locke through Paine” as part of a narrative of the “coming of age” of democracy in a longer quest for rights stemming from 18th century revolutions and radicalism. This report looks instead at the episodic nature of human rights rhetoric through 18th century ideas of the human. As argued here, More’s use of the term ‘human rights’ indicates an attempt to reconcile the tension between Enlightenment and Christian discourses to promote the anti-slave trade cause. / text

Magister Commercii - Mcom (Political Studies) / While they have emerged as global ideals based on the recognition of liberty, dignity and universal rights to 'all individuals' within the global community, human rights have faced numerous criticism and scepticism from the Global South. This research paper argues that such scepticism has had negative impact on the drive for the protection and promotion of human rights and International Human Rights Law in global politics. Given such huge challenges, this research paper points out that, unless the global human rights discourse undergoes significant reform and shift, its Western-centric domination will result into more harm than good in the international community's agenda for human rights protection and promotion. Postcolonial Africa has been at the forefront of the debate on the power-political use of the notion. As such, it has been argued that human rights discourse has influenced relations and policies between the West and the Third World, especially Africa. In this relationship, human rights have been viewed as a strategic tool for powerful states in global politics, to use in their quest to legitimise the case for political change. Furthermore, human rights have also been employed by governments seeking to justify their interference in the domestic affairs of other states, especially the West in the case of postcolonial Africa. It has therefore emerged that the human rights rhetoric/ discourse has been understood by postcolonial Africa as serving to establish a powerful perspective relating to the present and past collective experiences of injustice, exclusion and domination within global politics. Here, the global human rights regimes and Africa seem to be at a crossroads regarding the role of human rights in international politics.

This dissertation analyzes how transnational feminist advocacy and ideas about gender shaped modern human rights doctrines that remain central to this day. After World War II, United Nations delegates drafted and adopted the Universal Declaration of Human Rights (UDHR). During this process, international feminist activists disagreed about how to incorporate women's long-standing rights claims into the emerging human rights framework. Fiery interwar debates about laws and standards that regulated female labor persisted, prompting influential U.S. feminists to oppose the inclusion of gender-specific rights. To challenge U.S. opposition, key delegates to the UN Commission on the Status of Women (CSW) forged an unofficial coalition. Despite the fact that these CSW delegates held competing ideas about gender and represented distinct national governments, they collectively crafted a significant but little-known women's human rights agenda and lobbied UDHR drafters to adopt it. Their proposals not only included political and civil rights, but also promoted particular economic and social rights for women as a group. They maintained, for instance, that child care and maternity leave should be obligations of the state. Indeed, the CSW insisted that recognition of their women's human rights agenda was essential to building a socially-just postwar order. While Anglo-American women dominated interwar NGOs, the CSW showcased myriad international voices and won critical allies among liberal and conservative UN delegations by linking the advance of women's human rights to notions of modernity and democracy. As a result, the CSW made substantial political and civil rights gains, such as the guarantee of equal rights in marriage and divorce. Yet feminist delegates had to juggle their internationally-minded agenda with the interests they were to serve as national representatives. This task was further complicated by nascent Cold War politics and a growing anti-feminist backlash at the UN. In this context, UDHR drafters ultimately rejected the CSW's call for women's economic and social rights--a "social revolution" for women--in favor of the perceived stability of the "traditional" family. By the early 1950s, anti-communist pressures led the CSW to sever the pursuit of women's rights from the developing human rights framework at the UN. Feminists' absence from the UN human rights debates over the next several decades removed a forceful challenge to U.S.-led efforts to privilege political and civil rights over economic and social rights, and fostered a tacit hierarchy of rights that persists to this day. This dissertation places the CSW's competing vision of universal human rights at the center of the postwar human rights project, and expands our understanding of the history of international women's activism and human rights. By analyzing official UN records, delegates' papers and memoirs, and the records of governmental and non-governmental organizations, it reveals that postwar human rights advocacy was critically shaped by women's activism of the interwar period. Furthermore, this dissertation demonstrates that the CSW's demands for women's rights shaped the context from which the universal human rights framework emerged. Indeed, feminist activism and debates about the rights of women influenced UDHR drafters' views about human rights in ways that expanded, but also significantly curtailed postwar human rights standards. As a result, feminist activists continue to fight today for full recognition of women's rights as human rights.

Magister Legum - LLM / The international community saw the need to completely eradicate the use of torture and, as a result, adopted the 1984 Convention against Torture. The Convention obliges states to take effective legislative, judicial, and administrative and any other measures necessary to prevent acts of torture and other forms of ill-treatment within their jurisdictions. Cameroon, following the preamble of its Constitution, which prohibits torture in all its form, ratified the Convention in 1986 and other international treaties that deal with the prohibition of the use of torture. According to article 45 of the Constitution, duly ratified international treaties and conventions enter into force following their publication into the national territory. Cameroon has amended its Constitution and incorporated intoits domestic laws, provisions which prohibit the use of torture and other forms of ill-treatment. It goes further to prescribe appropriate penalties for public officials and other persons working in official capacity, who subject detainees and prison inmates to torture and other forms of ill-treatment.Despite all these instruments and mechanisms put in place to prevent and eradicate the use of torture and other forms of ill-treatment, this heinous crime continues to be widespread and is practiced systematically in almost all regions in the country and with impunity. This study will analyse whether Cameroon has put in place adequate constitutional and legal framework and mechanisms to guarantee the right to freedom from torture and other forms of ill-treatment for persons deprived of their liberty.

This thesis provides a historical study of the Canadian government's changing foreign policy toward the development of an international bill of rights at the United Nations from the 1940s to the 1970s. Canada was initially reluctant to support international human rights instruments because the concept of 'universal human rights' articulated at the UN challenged customary understandings of civil liberties in Canada, and federal policy makers felt an international bill of rights would have a negative impact on domestic policy. By the 1970s, however, the Canadian government was pushing for the ratification of the International Covenants on Human Rights and working to present Canada as an advocate for the UN's human rights regime. This study considers this change in policy by examining the domestic and global factors that influenced the government's approach to international human rights. Within Canada, rights activism led to increased public awareness of human rights issues, and transformed Canadian understandings of rights and of the role of government in promoting these rights. This led to pressure on the Canadian government to support human rights initiatives at the United Nations. In this same period, the geopolitics of the Cold War and the rise of anti-colonialism shaped debates at the UN over human rights. As global support for the UN's human rights instruments grew, Canada became the subject of criticism from other states. Concerned about the negative implications, at home and within the international community, of appearing to stand in opposition to the principles of human rights, Ottawa changed its policy. Despite the government’s new rhetoric of support for the international bill of rights, however, federal policy makers continued to question the benefit of these instruments for Canada. This lack of commitment accounts, at least in part, for Canada’s continued failure to fully implement its international human rights obligations. / Dissertation / Doctor of Philosophy (PhD)

This work concerns with legislative changes which had direct influence on guarantee of human rights in PRC in the period of Hu Jintao's party chairmanship. Firstly the theoretic base of conception of human rights in PRC and in the world, which has been already compiled by specialists of humanrights and sinologists, is outlined. The specifics of humanright conception in dependency of historical conditions are explained. Then the method of research is introduced and concrete historical connections in given period, which is the basis for evaluation of legislative changes, are explained. These legal changes are analyzed in following chapter. Final summary sums up results, confronts them with initial expectations and presents general principles which are asserted during the formation of a new humanright legislative nowadays.

The 14th Dalai Lama-Tenzin Gyatso (DL) has expressed strong support for the Universal Declaration of Human Rights (UDHR). While this may seem to be consistent with his outspoken promotion of basic "human values" and "universal responsibility" (Piburn, 2002), there is an unresolved metaphysical conflict between his endorsement of the UDHR and concomitant ideas like "inherent dignity" and "inalienable rights," on the one hand, and, on the other, his espousal of the Buddhist "Middle Way" or "Centrist" (Madhyamaka) thesis that all phenomena (i.e., persons, things, and ideas like "human rights") lack "intrinsic existence" (svabhāva). In this dissertation I argue that an "unforced consensus" (Taylor 2011) on rights can be achieved through an application of the Madhyamaka interpretation of the "two truths" (dvasatya; bden pa gnyis). Metaphysics, however, is only one dimension of the Madhyamaka account of reality. There is an equally (if not more) important "cognitive dimension" that pertains to how one sees and interacts with the world (Westerhoff, 2009). I believe this can be effectively applied to an analysis of the psychology of human rights foundationalism (i.e., the mindset that reifies rights). The DL believes that ultimately the safeguarding of human rights culture depends on a cognitive shift at the individual level. I explore the philosophical implications of this belief, and I contend that it is consistent with the concept of human development and education in the UDHR. I conclude that Tibetan Buddhist ideas and practices can potentially help bridge the divide between human rights foundationalism and anti-foundationalism in a manner that reinvigorates the utility of the UDHR, and yet does not philosophically yield to an essentialist world-view.

En traçant le fameux débat britannique sur la Révolution française, nous explorons le sens et analysons le texte de la Déclaration des Droits de l'Homme de 89, pour faire apparaître les significations diverses que peut prendre ce texte. Le regard britannique pourrait-il finalement élargir notre vision des affaires françaises, loin du tourbillon révolutionnaire dans lequel le texte déclaratoire devient l'emblème sacré de la liberté et de l'égalité ? C'est le défi que nous avons tenté de relever, afin d'examiner celui-ci sous différents angles et dévoiler ainsi sa plasticité. Car, même si la portée de la Déclaration semble incontestable, sa teneur est susceptible de diverses interprétations. C'est cette équivocité qu'il s'agit de mettre en évidence.Nos protagonistes sont Richard Price, qui provoqua la rage de'Edmund Burke ; dans cette violente discussion de principes et de politique, nous avons choisi les défenseurs des affaires françaises les plus pertinents, à savoir Mary Wollstonecraft, Thomas Paine, James Mackintosh et Jeremy Bentham. Nous avons recensé les arguments issus de leurs discours politiques, notamment autour de la Révolution, en tant que réactivation du contrat social. Par cette étude, il apparaît clairement que le texte, lui-même fondateur d'une nouvelle ère politique en France, est susceptible d'adopter des différents visages, selon son observateur.En effet, le texte de la Déclaration de 89 fait d'emblée l'objet d'un litige. Et finalement, il apparaît que cette même plasticité du texte déclaratoire a contribué à sa transhistoricité et a confirmé son universalité jusqu'à nos jours – une universalité, donc, congénitalement litigieuse... / Trace the famous British debate on the French Revolution, to explore the meaning and analize the text of the Declaration of Human Rights 89, to show the different meanings that this text can take. Could the British look broaden our vision of French affairs, far from revolutionary whirlwind in which the declaration text becomes the sacred emblem of freedom and equality ? This is the challenge that we have tried to meet to discuss from different angles and thus reveal its plasticity. Because, although the scope of the Declaration seems indisputable, its content is subject to various interpretations. It is this ambiguity that is highlighted.Our protagonists are Richard Price, who provoked the rage of Edmund Burke ; in this violent discussion of principles and politics, we chose the defendants French affairs most relevant, namely Mary Wollstonecraft, Thomas Paine, James Mackintosh and Jeremy Bentham. We are identified the arguments from their political discourse, particularly around the Revolution, as reactivation as the social contract. Through this study, it is clear that the text itself founder of a new political era in France, may adopt different faces, depending on its observer.Indeed, the text of the Declaration of 89 is at once the subject of a dispute. And finally, it appears that this same plasticity of its text helped her transhistoricity and confirmed its universality to the present day – a universality, therefore, congenitally issue...

In 1996, Zimbabwean graphic designer Chaz Maviyane-Davies created a set of human rights posters which represent several articles of the Universal Declaration of Human Rights, from what he calls an “African perspective”. In this study I investigate how Maviyane-Davies has constructed ‘African-ness’ and probe what he refers to as the “alternative aesthetic” that he is trying to create. I use a visual social semiotic approach to examine the discourses he draws on to re-image and re-imagine Africa and Africans in a manner that contests the stereotypical representations found in political, news and economic discourses about Africa, paying particular attention to the ways he uses images of the body. My analysis of the posters shows how complex and difficult it can be to contest regimes of representation that work to fix racialised and derogatory meanings. In response to the pejorative stereotypes of the black body, Maviyane-Davies uses images of strong, healthy, and magnificent people (mostly men) to construct a more affirmative representation of Africa and Africans. Significantly, he draws on sports, touristic, traditional and hegemonic discourses of masculinity in an attempt to expand the complexity and range of possible representations of African-ness. In so doing he runs the risk of reproducing many of the stereotypes that sustain not only the racialised and gendered (masculinist) representations of Africa, but also a sentimentalisation and romanticisation of a place, a people and their traditions. Apart from women in prominent positions, other conspicuous absences from these images include white people and hegemonic references to Western modernity. I do not believe he is discarding whites and modernity as un-African, but is rejecting the naturalisation of whiteness as standing in for humanity, and particular icons of Western modernity as significations of ‘modernity’ itself

This thesis examines how American and German constitutionalism, as shaped by the U.S. Supreme Court and the German Constitutional Court (Bundesverfassungsgericht), have mediated the tension between threats to stability and the imperative of renewal through occasional or constant interventions in their democratic processes. To do this, it primarily assesses the 1960s U.S. reapportionment cases and the European Parliament electoral threshold cases of 2011 and 2014. It also considers the ideas of four thinkers, theorists and jurists who have wrestled with the dilemma of how to maintain the bond between citizen and state: Ernst-Wolfgang Böckenförde, Hannah Arendt, Thomas Jefferson and Alexis de Tocqueville. Stability and renewal represent the twin orientation points for constitutionalism and the courts against which they must adjust to possible democratic threats, or new political and social forces in need of recognition. Threats to the state can emerge either from a surfeit of illiberal views in politics and society aimed at destroying an existing constitutional order, or when democratic channels become starved of new opinions through the constitutional or unconstitutional exclusion of voters and parties. A distinctive feature of the approach taken is the conceptual division between the ‘legal/institutional' space in which the Supreme Court and Bundesverfassungsgericht interpret constitutional meaning, and the ‘civic space' in which citizens accept or reject constitutional meaning. One central question is how American and German constitutionalism, and the U.S. Supreme Court and Bundesverfassungsgericht shape and influence the vital civic space that is integral to the democratic relationship between citizen and state, and the survival of the state itself. Ultimately it is concluded that without acceptance of the importance of law and constitutionalism by citizens in the civic space, the influence of the Supreme Court and the Bundesverfassungsgericht becomes purely institutional and effectively consigned to the courtroom.