Research concerning ‘basic needs' in the Human Rights literature has consistently found a positive and significant relationship between measures of wealth and basic needs provision. This study utilizes a relatively new measure of economic freedom to test hypotheses regarding general macro-economic policy decisions and basic needs outcomes. A pooled dataset of 138 countries over four years is examined using OLS panel regression controlling for both' year' and ‘country,' in a standard basic needs model. Consistent and systematic differences between economic freedom effects in OECD nations and non-OECD nations are revealed. The Economic Freedom Index has both theoretical and empirical advantages over previous measures of wealth and economic freedom, allowing human rights scholars to test specific economic policy decisions as they affect basic needs outcomes.

The global emphasis on human rights has generated a surge of studies into what causes regimes to abuse the basic rights of their citizens. Causes of abuse can be internal or external in nature, based on economics, politics or cultures. This study examines the effects of foreign aid and foreign direct investment on three types of human rights: personal integrity, civil and political, and subsistence. I perform ordinary least squares regression analyses with panel-corrected standard errors on a pooled cross-sectional time series design incorporating 127 countries from 1976 to 1996. While my results are not significant, it is important to observe that there is a tendency toward negative relationships for the majority of the analyses.

At the end of World War II, the United States emerged as a world leader, putting into place international institutions based on its own liberal economic philosophy. Since then, the world has witnessed an increasing interconnectedness among states, with economic relationships continually blurring the distinction between domestic and international, as well as between state and societal forces. Much of the world associates this increased interconnectedness with human suffering around the globe. This dissertation seeks to test the effects of economic globalization on personal integrity violations within a state, on the whole. Specifically, I examine three aspects associated with globalization, trade openness, investment and IMF funding within a state. Liberal economic theory suggests that economic relationships should foster positive gains. Particularly, economic relationships engender economic prosperity, diffusion of norms and idea, as well as the growth of a middle class which increasingly demands respect for its political and civil rights. Consistent with the liberal paradigm, I find that open trade and investment lead to improved personal integrity rights. In addition, investment which originates from the hegemon is especially likely to increase a state's respect for personal integrity rights. Conversely, IMF funding is likely to provoke protests from people in recipient countries, which often leads to increased repression by the state. To the extent that the IMF chooses to place importance on human rights, future attention should be paid to the practices of recipient countries. Overall, this dissertation suggests overall support for the liberal paradigm, that open economic policies are most likely to lead to improved levels of personal integrity rights.

This study develops three models of human rights determinants with the inclusion an untested variable, women in parliaments. The research is conducted on pooled cross-sectional time-series data from 130 countries between 1978 and 1996. For the purpose of analysis the Prais-Winsten Regression method with Panel Corrected Standard Errors was used. The women in power variable is hypothesized to be significantly, positively correlated with a state's propensity toward respect for human rights and is operationalized as percentage of women in parliaments. Three models incorporating as control variables previously identified correlates of human rights abuse were utilized to asses the impact of percentages of women in parliaments on two individual subsets of human rights: personal integrity rights and socio-economic rights. Two models were designed to measure the subset of rights categorized as personal integrity rights using two separate measures: State Department Scores and Amnesty International Scores. Model number three utilized the Physical Quality of Life Index to measure levels of socio-economic rights. Statistical significance was demonstrated by the women in parliament variable in all three models.

The idea that there are universal human rights that can, and should, be enforced has been an increasingly wide-spread and popular belief, as well as a controversial one. Concerns of cultural relativism contrasted with stances of universalism spark an impassioned debate that permeates the dialogue of human rights today in all spheres: social, academic, and even those professional spheres that are tasked with creating and enforcing the laws regarding these issues. What does psychology have to say about this? After all, if it is a universal phenomenon, it must span across time, culture, and difference, and there must be trends in our human nature or similarities in our psychology that allow us to claim universality. One psychological theory, the Moral Foundations Theory (MFT) can help shed light on this issue. MFT holds that universally, as human beings, we share five grounds of moral foundations on which we make our judgments and take action: Care/Harm, Fairness/Cheating, Authority/Submissiveness, Sanctity/Degradation, and Loyalty/Betrayal. While we are all born with the capability to act and reason on these, our cultures shape us to emphasize different foundations and it is in that shift that conflict arises. What one group sees as right, and based in moral justification, another sees as wrong and as a violation of human rights. This paper attempts to use MFT to understand the moral foundations underlying three case studies of practices internationally seen as human rights abuses, female genital modification, child marriage, and male guardianship in Saudi Arabia, and provides suggestions for methods of effective intervention based in MFT.

This thesis examines whether and how the EU counter-terrorism (CT) policy reconciles the demands of security with adequate protection of human rights. It starts from the assumption that human rights and security are mutually reinforcing and interdependent objectives in the CT fight where the erosion of one objective leads automatically to negative consequences in respect of the other objective. It specifically argues that the reconciliation of these two objectives has to be addressed at two distinct levels: first, in the framework of the EU primary law and, second, in the content of each EU CT provision. Consequently, the thesis examines both levels in order to respond to the research question. In the course of this investigation, the research has demonstrated that the legal framework resulting from the Treaty of Lisbon provides a basis for better addressing the human rights protection and security objectives of the EU CT policy. However, the analysis of three specific instruments – two in force and one at the level of a legislative proposal – provided contrasting results regarding the simultaneous fulfilment of the two imperatives outlined above. Moving beyond questions pertaining to the advancement of preventive criminal law and the possible reinforcement of a surveillance society, the thesis advances the hypothesis that, in the field, we are confronted more and more with what we could term ‘grey laws’ – following Dyzenhaus, Lynch and Reilly – due to their frailties as regards the tests of proportionality and legal certainty. Moreover, the thesis explores the EU’s stance as an actor in the field and the applicability of Wallace’s ‘pendulum model’ for CT decision-making, as well as the position of an individual subject to all the three measures indicated above. Solutions in order to overcome the identified shortcomings as well as further potential areas of research are also explored.

The United Nations has created an abundance of human rights treaties and declarations over the decades to promote a culture of human rights and to set normative provisions of human rights standards for all states to follow. This broad effort is supplemented by the work of regional human rights organisations, which aim to ensure implementation of these fundamental precepts, and to enhance its work to suit its regional circumstances, offering a protective source of jurisprudence at the domestic level. One such organisation, which this thesis examines, is the Arab League. In critically examining the history and the work of the Arab League, the study highlights the deficiencies in promoting and protecting human rights. In this context, this thesis critically examines the Arab League’s development and relationship with the wider international human rights apparatus. It provides a comprehensive overview of the system of the United Nations and its specialised organs that with the resolutions adopted helped the League establish its own regional human rights systems. It traces the history of the application of international human rights discourse in the Arab world. Accordingly, an attempt is made to conceptualise the universality of human rights in the region and the impact of the Shariah discourse. It then attempts to provide an analytic description of the Arab League and background to the region and undertakes an in-depth critical analysis of the structure of the League and assesses its impact in the region, all of which may have incentives to the League’s attempt to institutionalise, promote and protect human rights. The study considers the efforts made by the Arab Permanent Commission on Human Rights and its specialised agencies that ultimately led to the adoption of the Arab Charter on Human Rights (1994). After examining the limitations of the Commission and its work, the scope and structure of the revised Arab Charter on Human Rights (2004) is critically analysed. The study also examines and evaluates the legislative framework of the Arab Human Rights Committee (the Charter’s enforcement mechanism as per Art.45). A case study of the Syrian Arab Republic and the analysis of continuing violations of human rights in the region illustrate the deficiencies and limitations of the Arab League as a regional organisation.

Exposé des raisons de fait et de droit qui fondent le dispositif, « mobiles psychologiques » ayant conduit le juge à se forger sa conviction, telle est la motivation des décisions de la Cour européenne des droits de l'homme. Parce qu'elle cherche à la fois à justifier et à expliquer les choix du juge, la motivation strasbourgeoise ne se conçoit pas comme une simple déduction purement logique. Elle est aussi un acte important de rhétorique. La Cour accorde une importance particulière au fait d'emporter l'adhésion de l'auditoire afin que celui-ci réceptionne de façon spontanée ses décisions et le droit qu'elle produit. C'est en faisant appel à la raison que la Cour entend affirmer son autorité et réaliser la mission qu'elle s'est fixée : former un droit commun européen des droits de l'homme. A la fois moyen de renforcement de la légitimité du juge et condition de la légitimité de ses décisions, la motivation contribue à nourrir la confiance des justiciables et des Etats parties dans la justice européenne. Dotée d'une fonction pédagogique, la motivation permet aussi à la Cour de persuader l'auditoire et d'inciter les Etats à la réception de sa jurisprudence. De ces différentes fonctions découlent alors une certaine manière de motiver. Certes, l'exposé des motifs n'est pas exempt de critiques. Il révèle régulièrement les erreurs, les manipulations et les excès d'un juge au pouvoir normatif certain. Mais le nombre considérable de décisions rendues invite à conclure au caractère satisfaisant de la motivation. Les efforts de la Cour pour construire un style judiciaire de qualité, mais aussi adapter de façon constante le contenu de sa motivation et « coller » de ce fait au plus près des réalités de la société démocratique européenne, doivent en effet être soulignés. / The motivation of the European Court of Human Rights' judgments is based both on the exposition of reasons containing elements of fact and law and on the “psychological motives” that allow the European judge to build up his convictions. The motivation included in the judgment tries both to justify and explain the Court's choice. So, it can't be considered only as a purely logical deduction. It is also an important act of rhetoric. The European Court wishes her audience to accept its case law in a spontaneous and voluntary way. The Court chooses therefore to appeal to good sense rather than constraint to assert its case law authority and so fulfill its long term mission which consists in building a European common law on Human Rights . The motivation contributes to build the legitimacy of the European Court's decisions. It also allows the public and the Contracting States to trust the European justice and to acknowledge the legitimacy of its decisions. It means that the motivation is also a teaching method helping to receive its case law and to accept the European supervision. To achieve this aim, the Court chose different strategies that sometimes show the mistakes, the manipulations or the excesses of the European Court's function. Nevertheless, the general opinion on the Court's motivation is positive and helps to adapt its contents to the realities of the democratic European society. The European Court's efforts to build a quality style of judgments must be also underlined.

This diploma thesis describes the African human rights system on both regional and subregional level and tries to evaluate its effectiveness. An important part of this work is dedicated to judicial and quasijudicial decisions made by respective bodies. The thesis is organised into five main sections. The first section considers the history of the African continent and its human rights challenges which I believe have influenced the present human rights system. The main focus was brought to the colonial era and the post colonial struggle for independence. The next section describes the regional system, the aim of which is the protection and promotion human rights across the whole continent. This system is composed of the African Union, the African charter on human and peoples' rights, the African commision on human and peoples' rights and the African court on human and peoples' rights. The operation of these instruments is explained, and the sphere in which these bodies operate in order to influence the promotion and protection of human rights is described. The following section presents a consideration of similar aspects as the previous, but at the subregional level. At this level, it proved difficult to choose relevant international organizations and to define their relevancy to the topic at hand. I have...

Haiti, the poorest country in the western hemisphere, has suffered through centuries of disenfranchisement, poverty, slavery, environmental disasters, internecine racial prejudice, and foreign infringement. Its people won independence from France in 1804 but only at the cost of huge human and financial losses. Since then, Haiti has known little freedom or democracy. In 1991, the first truly democratically elected president, Jean-Bertrand Aristide, was elected (with a 67% majority). Nine months later, he was deposed by a military coup d'état. During that time and the chaotic years that followed, groups of human rights observers traveled to Haiti in an attempt to record and report publically, officially, what was actually happening to the Haitian people and their institutions. Although much has been written about the country during that period, there have been no studies focused on the human rights observers who were intimately involved with the people and the country. These groups and other groups participating in similar situations have not been studied and, yet, research in that area might provide important insights in the field of social justice. It is important to identify what encourages individuals to become a part of the effort to make a positive difference in the lives of others, in the most adverse situations, the process by which human rights observers become engaged, and how that engagement affects their lives both during and after their in-country experiences. The purpose of this phenomenological study is to see if there are commonalities (e.g., socio-cultural influence, self-directed learning readiness, etc.) among the initial in-country experiences of several human rights observers and further to discover what, if any, effect those experiences had on their leadership styles. The study identified socio-cultural influences (self-directed learning readiness and familial, religious, educational impact); motivational factors; methods of processing the experience (immediate responses of connectedness/love and reasoned responses involving individual and group reflection); and multiple outcomes (spiritualty, social action, and creativity). The overarching findings included identification of transformational learning in the participants and the evolution of their leadership from the servant model into a transformational/chaos model, including reflection in and on action as an operating context. / Includes bibliography. / Dissertation (Ph.D.)--Florida Atlantic University, 2014. / FAU Electronic Theses and Dissertations Collection