Human rights are a defining feature of how the Police Service of Northern Ireland (PSNI) has been 'imagined and made' in its post-conflict society. This thesis marks the first attempt to make sense of how human rights are articulated, interpreted and applied by those intimately involved in Northern Irish policing. Based on extensive access to the PSNI, I marshal qualitative data collected from interviews with over one hundred police officers from various departments. I tour four sites of local policing to expose and examine the vernaculars and practices of human rights that lurk within each. The story I tell over the course of eight chapters is one of a police service trying to sustain human rights as a central narrative to explain its daily work and build its organisational identity in a divided society, to varying degrees of success. I argue that human rights are, in fact, a malleable, contested and conditional concept to 'imagine and make' a police service and regulate the decision-making of its officers; perhaps much more so than police reformers in Northern Ireland had realised or the PSNI wish to acknowledge. In the first half of the thesis, I identify and deconstruct how the PSNI's chief officers and local political parties seek to express and mobilise competing visions, values and agendas through human rights narratives. I then pay close attention to how human rights are interpreted and translated by junior officers performing two forms of routine policing in N.Ireland: the 'dirty work' of the Tactical Support Group and the 'community work' of Neighbourhood Policing Teams. I ask to what extent officers have internalised human rights as way of making sense of their daily work. In the second half of the thesis, I explore police officers as an important, but poorly understood, class of human rights practitioner. To better grasp how officers interpret and apply human rights standards, I closely analyse two sites of policing where distinct schemes of human rights-based regulation exist: public order policing and police custody. This thesis contributes to understandings of the concept of human rights, its interactions with law and politics and the condition of policing in contemporary Northern Ireland.

Conselho Nacional de Desenvolvimento Científico e Tecnológico / Versa sobre a Representação televisiva dos direitos humanos no Brasil, na qual buscarei averiguar como se dá o discurso telejornalístico acerca desses direitos e o que isso representa. Discute conceitos e características apresentados por alguns autores acerca de temas relacionados à mídia, bem como em relação aos direitos humanos. Explica o histórico e a evolução da televisão no Brasil e dos direitos humanos no plano nacional e internacional. Defende a manipulação como um conceito ainda relevante para se entender a relação que se estabelece entre a mídia e o seu usuário. Acentua o aspecto omissivo na violação do direitos humanos no Brasil, fazendo com que estas violações sejam menos flagrantes, pelo menos da perspectiva midiática. Conclui pela marginalização de temas como educação, saúde e emprego em detrimento de outros como violência, segurança e repressão, posto que em ambos os telejornais pesquisados, mais de 60% das reportagens estão relacionados a estes últimos. / This study is about television representations of human rights in Brazil, in which I shall persecute to investigate how the TV news speech treats those rights and what it represents. It discusses the concept and characteristics presented by some authors on topics related to media and also human rights. It explains the history and evolution of television in Brazil and of human rights at national and international levels. If advocates manipulation as a relevant concept in order to understand the established relationship between the media and its users. It highlights the omission aspect in the violation of human rights in Brazil, which makes those violations less egregious, at least from the perspective of media. It concludes that there is a marginalization of topics such as education, health and employment over others as violence, repression and security, once that in both surveyed TV news, over 60% of the news are related to these last topics.

The current scholarship on copyright predominantly considers this area of law from the standpoint of economics. Likewise, since the adoption of the TRIPs Agreement, contemporary copyright law-making and practice has mainly been constructed around the assumption that its job is to create incentives to make more expressive works in the form of copyright embedded in goods and investment. Copyright law has heavily skewed towards the protection of corporate copyright ownership rather than individual authorship. In this model, culture is seen as the marketplace for merchandising and producing the products of copyright industries and an economic space facilitating the process of creativity. Intellectual properties are said be essential assets in firms’ portfolios and an important component in the macro-economic development of a country. Thus, current copyright law has predominantly an economic-oriented model that shapes its cultural and development policies. This thesis offers an alternative framework for copyright law focusing not on economic development alone but on more broadly promoting human development and one of its predominant framework, namely the ‘capabilities approach’, to transform the ‘controlled culture’ that individuals live in to a ‘fair culture’. Thus, this study’s central research questions are: How could western (UK, EU, and US) copyright laws’ economic-oriented development and culture visions be reshaped through the capabilities approach and ‘participatory culture’ considerations in order to enhance participation in culture? And what legal resolutions and remedies could be drawn from the fundamental rights framework (specifically from the right to take part in cultural life and freedom of expression) to make such a shift in copyright laws? Freedom is a crucial value in the construction of a fair culture within copyright. Inspiration here is Amartya Sen’s concept of ‘development as freedom’ and Martha Nussbaum’s idea to rationalise these freedoms as touchstone values in constitutional entitlements. To promote ‘development as freedom’, in Amartya Sen’s words, copyright law cannot be detached from the considerations of fostering people’s capabilities to participate in cultural and political life. Therefore, the main contention of this thesis is that copyright law does more than encouraging the creation of more commodities and investment: it fundamentally affects human development and substantive freedoms, or capabilities, of all people to live a good life in a democratic culture and society. The challenge that this thesis posits is how to bring the politics of human dignity and the politics of welfare into a single framework within copyright law. To this end, the capability-oriented human rights assessment of copyright law is brought to open a fresh discussion over the conventional wisdom mentioned above. To replace the existing ‘culture and economic development model’ with the ‘culture and human development model’, this study identifies capabilities or substantive freedoms (cultural human rights and freedoms), as a way of evaluating copyright law’s goals in general and its impact on individuals’ capabilities to freely express themselves and participate in cultural and political life. As an alternative to traditional development measures, Sen and Nussbaum propose the concept of the advancement of ‘central capabilities’ in which capabilities represent ‘what people are actually able to do and to be’. This inquiry aims at creating a synergy between the ‘capabilities approach’and human rights framework through the identification of relevant capability-based cultural human rights and freedoms to set a normative base for the construction of a fair culture. Again from a capabilities perspective, this thesis further analyses some contemporary issues surrounding contemporary copyright enforcement measures - namely notice-and-4 takedown and graduated response procedures, file sharing, disclosure orders, filtering and website blocking orders, the extension of copyright terms, pre-established/statutory and additional damages, technological protection measures and the intermediary liability, the extension of criminal liability and notice-and-staydown - where the tension between copyright law and cultural human rights and freedoms are more acute. This helps to identify the important cultural netibilities (freedoms/capabilities on the Internet) in a networked world. In the final analysis, this thesis proposes two frameworks, one for legislators and one for courts, to engage with these cultural human rights and freedoms which are of importance for the advancement of human development. In the former framework, the copyright rules laid down by the Trans-Pacific Partnership Agreement are discussed as a case study to show more concretely how copyright law affects human development and to make proposals for future direction of treaty and law-making with respect to it. The second framework, by fundamentally relying on the legal test proposed by Abbe Brown in her book “Intellectual Property, Human Rights and Competition: Access to Essential Innovation and Technology,” aims to complete this thesis with the introduction of a legal test (deconstructive multiple proportionally test) for courts to engage with a conflict of norms between human rights and copyright, which will make them take cognisance of human development paradigm, when such a conflict is encountered.

A Comissão Interamericana de Direitos Humanos é uma instância jurídico política que integra o Sistema Interamericano de Direitos Humanos e é responsável pela análise de denúncias de violações a direitos ocorridos nos diversos países das Américas. A proposta deste trabalho é analisar as decisões de admissibilidade, mérito e acordos de solução amistosa publicadas pela Comissão e verificar a incidência de casos de violação a direitos humanos das mulheres. Mais do que simples casos em que a mulher é vítima, os casos objeto de análise deste trabalho apresentam situações em que justamente a violência ocorreu porque a vítima é do sexo feminino. Esta pesquisa congrega dados quantitativos e qualitativos sobre a ocorrência destas demandas no Sistema Interamericano de Direitos Humanos e os impactos que as decisões da Comissão trazem para a observância dos direitos humanos das mulheres na região, bem como para a própria reformulação do conceito de direitos humanos / The Inter-American Commission on Human Rights is a political and juridical instance which is part of the Inter-American Human Rights System and analyzes human rights violations reports in many countries in the American continent. This research evaluates the rulings of admissibility, merit and friendly solution agreements published by the Commission; it also verifies the frequency of womens human rights violation cases. More than just simple cases in which a woman is a victim, these analyzed episodes show that the violence took place precisely because the victim was a woman. This dissertation is based upon quantitative and qualitative data concerning the occurrence of these cases in the Inter- American Human Rights System and the impact that this decisions had on womens human rights observance in the region and on the re-formulation of human rights concept itself.

Thesis (M.A.(Political Studies))--University of the Witwatersrand, Faculty of Humanities, 2002. / In March 2000, the South African Human Rights Commission launched an inquiry into racism in the South African media. This dissertation discusses a number of issues that were neglected during the Commission’s inquiry. The main argument has been that the discussion about racism in the media could have been much more fruitful if the Commission in their research as well as during the hearings themselves would have focused on a wider set of factors that influence media content. Furthermore, if the Commission had shown a greater understanding of the historically troublesome relationship between the media and the government in South Africa it would have facilitated interaction with the media and done less to alienate the media from the process.

La responsabilité des entreprises en matière de droits de l'Homme (REDH) a émergé face à la quasi-impunité des violations commises par les entreprises. Cette responsabilité est nouvelle au sein des différents ordres juridiques en raison de la difficulté d'adapter les techniques traditionnelles du droit à la globalisation des relations économiques. Le paradoxe de la REDH tient à ce qu'elle ne devrait pas impliquer la création de nouvelles obligations car les États disposent déjà des outils nécessaires au respect des droits par les entreprises sous leur juridiction. Dans une économie mondialisée, les questions liées à la responsabilité des entreprises doivent nécessairement être envisagées de manière globale pour être réglées efficacement. En effet, la complexification des structures des entreprises, l'internationalisation de celles-ci et le développement des chaînes d’approvisionnement marqué par un nombre croissant de sous-traitants aboutissent à des rattachements juridiques multiples. / The human rights corporate responsibility (HRCR) has emerged due to the near-impunity for corporate abuses. This responsibility is new within the different legal systems as it is difficult to adapt traditional legal techniques to the globalization of economic relations. The paradox of human rights corporate responsibility is that it should not imply the creation of new obligations since States already have the necessary tools to ensure that human rights are respected by companies under their jurisdiction. In a globalized economy, corporate responsibility issues must necessarily be considered in a global perspective to be effectively addressed. Indeed, the increasing complexity of groups' structures, their internationalization and the development of supply chains caracterized by an increasing number of subcontractors lead to connections with more than one legal order.

Orientador: Silvio Yasui / Banca: Roberto Duarte Santana Nascimento / Banca: Elizabeth Maria Freire de Araújo Lima / Resumo: O objetivo geral desta pesquisa consiste em trilhar um caminho possível até bases de edificação de direitos humanos contra-hegemônicos, por meio de uma pesquisa bibliográfica sobre a referida noção de direito. Para tanto, realizou-se uma crítica desses direitos tais como são tradicionalmente concebidos, isto é, em sua forma hegemônica consagrada globalmente pela Declaração Universal dos Direitos Humanos da Organização das Nações Unidas (ONU). Fundamentou-se a crítica dentro de um plano sócio-histórico, tentando se observar as influências que aí estão presentes e evidenciando seu caráter ético-político. A fim de orientar o caminho por essas veredas, o guia principal foi o sociólogo português Boaventura de Sousa Santos, o qual, a partir de seus trabalhos, além de guiar na crítica aos direitos humanos hegemônicos, indicou, também, uma via possível de construção contra- hegemônica desse s direitos: a hermenêutica diatópica. Nesse ponto, a Clínica do Testemunho desponta como caso importante que requer a aplicação dessa hermenêutica, consolidando bases para uma concepção outra de dignidade humana, foco de diferentes trabalhos da Psicologia contemporânea / Abstract: The general objective of this research is to trace a possible path to the foundations of counter-hegemonic human rights, through a bibliographical research on the aforementioned notion of law. To this end, we criticize these rights as they are traditionally conceived, that is, in their hegemonic form, consecrated globally by the Universal Declaration of Human Rights of the United Nations. We base our critique within a socio-historical plan, trying to observe the influences that are present there and evidencing its ethico-political character. In order to guide us through these paths, our main guide was the Portuguese sociologist Boaventura de Sousa Santos, who, from his works, besides guiding us in the critique of hegemonic human rights, also indicated a possible route of construction Counter-hegemonic rights: diatopic hermeneutics. At this point, the Witness Clinic emerges as an important case that requires the application of this hermeneutics, consolidating bases for another conception of human dignity, the focus of different works of contemporary Psychology / Mestre

ABSTRACT This doctoral thesis in law seeks to understand, and begin to remedy, the immense and avoidable poverty that disenfranchises at least 30 percent of the world's most populous region. Defining South Asia as Bangladesh, Bhutan, India, the Maldives, Nepal, Pakistan and Sri Lanka, the study analyses the multidimensional nature, historical origins and modern dynamics of both this material poverty and poverties of human rights, democracy and development. Both critical analysis and creative response are framed within legal history, human rights jurisprudence, constitutional and administrative law, comparative law and public international law, but the author draws extensively on political economy and history, and partially on philosophy, and cultural studies. Chapter 1 traces the Western evolution of the universal human rights regime, first globalized in 1948 by the Universal Declaration of Human Rights. It also traces South Asian sociopolitical and religious articulations of human dignity and limitations on legitimate power through the ages. Mostly contrary to culturally relativist claims, South Asia's human rights needs are found to be well served by a genuinely universalist regime including justiciable economic, social and cultural rights as inseparable from civil and political. Chapters 2 and 3 survey the historical globalizations that have impacted on South Asia. Although globalization is shown to be a neutral phenomenon, the author identifies the insidious contemporary propagation of a particular neo-liberal ideology as being globalization's inevitable and optimal form. The study analyses this propagation by the International Financial Institutions the World Bank and International Monetary Fund, acting through Structural Adjustment Policies and only partially corrective Poverty Reduction Strategy Papers. Neo-liberalism supposedly unshackles benign market forces from distorting governmental rules to create spontaneous growth that trickles down to the poor; in fact it employs its own rules to privilege the already wealthy, especially Western capital and transnational corporations (TNCs). The thesis urges South Asia to govern globalization pro-actively, seeking the virtuous circle of human rights, plural democracy and equitable development. Positive signs have already included national membership in, and constitutional enshrinement of, universal human rights norms, and certain efforts of civil society and non-governmental organizations, fostered at times by activist judiciaries. Chapter 4 nevertheless catalogues overriding failures to internalize plural democracy and the rule of law, leaving rights nominal and democratic structures hollow. Governments have been obsequious to neo-liberal hegemony, insouciant to their underclasses and exploitative of religious schisms in appeal to tyrannous majoritarianism. The South Asian Association for Regional Co-operation is shown as an inadequate response to the region's multidimensional poverties. Adapting instead the best practices of the Council of Europe, the Organization of American States, the African Union, and the British Commonwealth from Chapter 5, Chapter 6 details a South Asian Union for Human Rights Development and Democracy to replace SAARC. This new regional response complements global human rights norms and offers South Asia solidarity in confronting neo-liberalism, and holding TNCs, IFIs and especially their own governments accountable to the rule of law, equitable development, deep democracy, wide human rights, and larger freedom in peace and security.

In this thesis it is argued that the migration of ideas and personnel from Britain to colonial Australia resulted in the reproduction of two distinctive medical archetypes, namely, the soldier/saviour and the generalist (family) physician and surgeon. These have been both conceptualised as” ideal type” carriers or expediters of two rival forms of medical professionalism. They each emerged in the ‘modern’ era as institutional products of distinctive educational processes and work practices available for doctors in 19th and 20th century Britain and Australia. While Freidson (1988) asserts one of the problems of dealing with studies of professionalism is that researchers have failed to clearly define work patterns, he could be seen as being close to Foucault (1973) whose emphasis was on the different social spaces in which practitioners worked. I show firstly that the career of the ‘imperial’ army medical officer was revived in the 19th century so that in colonial contexts they could alternate between military and civilian servicing, especially as administrators and managers in public office. The soldier/saviour was also associated with the 19th century revival of Masonic and quasi-Masonic military and religious orders, consecrated by royal sovereigns and exported to Australia. In contrast, the Scottish pedagogues and other generalist doctors coming to Australia from Britain were influenced by Edinburgh University’s Medical Faculty’s humanist traditions and design of the “modern” medical curriculum producing the generalist physician and surgeon who met community needs. Within wider imperial social relations, these generalist doctors were looked upon as ‘dissenting’ or counter-hegemonic. The aim of this thesis is to examine these archetypes in terms of their characteristics of rationalisation to analyse and understand their professional differences historically as well as in the contemporary period. The significance is that one does not often come across studies which specifically look at doctors within the same society in such terms. Furthermore, by locating them within wider hegemonic and counter-hegemonic social relations, links between ideas about medical professionalism and issues of human rights become evident. This follows the World Health Organization’s directives to treat health or medical issues and human rights as a cross-cutting research activity. To my knowledge, no study has been undertaken in Australia of the background and impact of these different traditions.

The study attempts to bring together the mimetic theory of René Girard and the theology of Raymund Schwager to address questions inherent in the contemporary notion of human rights. The impetus derives from the phenomenon of human violence, the universal presence of which points to a problematic that seems to defy conventional explanations and political solutions. In dialogue with Girard and Schwager, the project seeks to shed light on the causes not only of the apparent fragility of the human rights system, but also of the persistence with which large-scale human rights violations recur despite the proliferation of human rights norms. It argues that the human rights crisis is neither an accident nor a shortfall in techniques of implementation, but reflects the subconscious and collective structure of civilization. Following a description of the crisis, this investigation examines the nature of human violence, especially the contagious manner in which it works at the root of the crisis, offering understanding where conventional anthropological reflections fall short. The study argues with Girard that vengeance and retribution resonate deeply with the human psyche and easily evoke an archaic image of the divine. While this arouses moral protest in the post-modern mind, we meet here one of the fundamental issues mimetic theory elucidates, namely that it is on account of such an unconscious image of the “sacred” that vengeful violence has remained for so long a determining element in human history. In a theological key, the study presents human mimesis as a divinely constituted structure that makes possible divine/human intimacy and reciprocity. However, this exalted capacity is perverted. Human sin casts God into the image of an envious rival which corrupts the personal and structural dimensions of human sociality of which the so-called “human rights crisis” is but a contemporary manifestation. What rules the social order is not the true image of God but a resentful human projection that deceptively demands victims in exchange for peace and security. Thus “mimetic victimage” is the essential clue to the fallenness of nations and their institutions, including the institution of human rights, as well as to the fallenness of individuals in their profound alienation from God, from themselves and from one another. Nonetheless, mimesis is also a structure of hope and transcendent longing. So understood, it opens the way to a profound and practical appropriation of the meaning of Christ as the restoration of the image of God in humanity whereby rivalistic resentment, the epicenter of the human predicament, is undone through forgiveness. While there is an enabling aspect to violence when it restrains and coerces us for our benefit as we rightly fear the greater violence that might ensue in its absence, the study also argues that because mimetic human agents carry out the “deed of the law”, the human rights system cannot overcome the mimetic impulse. As a judicial system, human rights belong structurally to the same order as the system they seek to correct. This ambiguity takes on special significance in the “age of annihilation”. For the first time in history limitless violence has become feasible through weapons capable of planetary destruction so that humanity not only faces its own complicity with violence, but also the relative powerlessness of the human rights project to keep its mimetic escalation in check. This raises the central question of the study. If the institution of human rights cannot offer a rigorous critique of structural violence, let alone free humanity from complicity with it, where shall the world place its hope for a more humane future? It concludes that such a hope is not to be found in the proliferation of rights norms and their enforcement but in the transformation of human desire through the restoration of the true image of God as revealed in the Christ-event. This revelation judges as futile all attempts at human sociality that retain violence as their hidden core. Thus God’s freedom granting action in history is both revelatory and “political”: in its prophetic stance against the powers of human sin and domination, it calls humanity to its true vocation to be the image of God grounded in a new pacific mimesis that resonates freely and unflinchingly with the self-giving love of God in Christ.