<p>The HIV/AIDS pandemic poses the greatest threat to Africa's efforts to achieve its full potential in the social, economical and political spheres. Cognizant of its devastating consequences, various mechanisms have been designed to address the issue of HIV/AIDS in Africa. This thesis addressed the question: 'Are the legislations and policies of Ethiopia, Botswana and Uganda providing for various modalities of HIV testing consistent with human rights as enshrined under African Human Rights system?' The author of this dissertation critically analyzed the African human rights instruments and the relevant domestic legislation and policies of the three countries.</p>

This dissertation explores a family of theoretical models of humanitarian military intervention. A number of recent theorists, including Tesón, Caney, Buchanan, Orend, Moellendorf, and Wheeler, build their models from a perspective called ‘cosmopolitanism.’ They offer arguments based on the moral supremacy of human rights, the arbitrary character of territorial boundaries, and the duty to protect individual human beings exposed to serious and systematic violence by their own governments. I develop a model of intervention that recognizes the moral significance of political self-government. To the extent that international society should countenance a ‘duty to protect’ human rights, the duty ought to be constrained by a commitment to the values of self-government. The model developed in this dissertation also recognizes the significance of international law enforcement. Insofar as we should permit a role of enforcement for international human rights, that role should be constrained by formally accepted global principles and in particular by positive obligations to prevent and punish actions regarded as international crimes. These other global values are viewed with suspicion by cosmopolitan theorists, who tend to construe them in stark contrast to the vision of global responsibility for human rights protection. But I will show how these other values emerged simultaneously with cosmopolitanism and share many of its underlying intuitions. Because self-government and law enforcement are linked politically to the cosmopolitan vision, these two distinctive global values can be utilized as tools to fortify or expand cosmopolitanism by enlarging the global sense of responsibility for human rights. The aim of this project is to explain how these other values came to be neglected by cosmopolitan theorists, and why they should not be forgotten. / Thesis (Ph.D, Philosophy) -- Queen's University, 2013-09-25 12:11:55.056

In 1996, socio-economic rights were included in the Constitution of South Africa as fundamental human rights. The state is thus compelled to give attention to the protection of people's socioeconomic rights. The question is: Is it the duty of the state alone, or does the church also have a calling with regard to socio-economic rights? In this study, the calling of the church with regard to the protection of socio-economic rights in South Africa is researched. Firstly, socio-economic rights as ethical principle are evaluated in the light of the Scripture. The conclusion is that socio-economic rights are important human rights that can be grounded as fundamental human rights. Thereafter, the history of the origin of socio-economic rights is researched and evaluated. In the history of socio-economic rights, it is grounded in the natural dignity of a human being. However, the Bible teaches that God gave people dignity. The history of socio-economic rights in South Africa is also researched and evaluated. South Africa has a long history of colonialism, segregation and apartheid, and the church has not always been an effective advocate for socio-economic rights. To understand the calling of the church with regard to socio-economic rights, the calling of the church in society is researched. Views of different church and theological traditions are researched and evaluated. The reformed view focuses on the kingdom of God, and the calling of the church with regard to socio-economic rights is described as worship, fellowship, testimony and service. In conclusion, concrete guidelines of how to be an advocate for socio-economic rights are given to the church. / Thesis (Ph.D. (Ethics))--North-West University, Potchefstroom Campus, 2007

In this thesis, two questions are analysed: (1) why have National Human Rights Institutions (NHRIs) become so widely disseminated among contemporary states? And, (2) what explains the variable institutionalisation of NHRIs once activated? The thesis first traces the diffusion of NHRIs across political regimes in general, with particular attention to unstable democratic regimes. It argues that NHRI creation can be attributed to three principal diffusion mechanisms: coercion, acculturation, and persuasion. These three explanatory models, however, lack precision. Linking each mechanism to recent processes of diffusion in Latin America, the analysis identifies how the diffusion of an Iberian variant to the generic NHRI category - the Defensorfa del Pueblo - corresponds to three intermediate categories: compulsion, material inducement and framing of ideas. The initial political circumstance of Defensoria creation in Latin America, in turn, has significant implications for their institutionalisation. A domestic level of analysis is necessary to explain the institutionalisation of Defensorias operating in the democratic regimes of Latin America. The standard explanation correlates performance with structural form. While this thesis recognises the development of formal design principles is important in explaining institutionalisation, it adds a major qualification. It shows that the informal dimension of Defensorias' relations with organised state and social actors and rules of access across accountability arenas is often decisive. A typological framework is generated to assess the impact of these two dimensions on Defensorias when formal rules are enforced in a variable manner and tend to lack stability over time. This comparative analysis highlights the accountability gap which these institutions attempt, importantly, to address. By explaining how Defensorias actually work, including when and why they matter, this thesis goes beyond narrow institutionalism as suggested by the political accountability literature.

The thesis takes as its starting point the importance of community in contemporary political societies across the world, most notably, for present purposes, the Third World. Community importantly determines questions of social inclusion, exclusion, identity, belonging and well-being. As is no surprise, the role and significance of community is well recognised in several academic disciplines today. Consider this one example. Recent literature on development has generally drawn attention to the potential benefits of participation in certain aspects of governance. More specifically, proposals for community participation have emerged in response to State failure, or now the pervasiveness of market exclusion. Community participation is motivated by several grievances, the most emphatic of which is the profound gap between the lived experiences of the poor and institutions that affect their lives. This gap between discourse and lived experience is more vividly evident in human rights practice, and this not only reflects the dominance, but also the inadequacies of State and market-based understandings alike. A fundamental aspect of this debate – largely overlooked by human rights discourse – is the role of community. Whilst there remain marginal references to community in certain aspects of human rights discourse, over all it has not sufficiently or comprehensively embraced community. More specifically, the Declaration of Right to Development, Rights-Based Approaches to Development and the World Bank‘s concept of good governance fail to offer an adequate role for community in human rights terms. Drawing from a range of literature in legal theory, political theory, philosophy and sociology, and developing its insights in the context of the supply of the – human right and – public good of electricity in Nigeria, the thesis offers a theory of community, which seeks to enable individuals, particularly, the poor and vulnerable, to organise themselves democratically, to claim ownership of the processes that determine their human rights.

Violence, Atrocity and the Behaviour of Pro-Government Armed Groups Bronia Naorni Flett ABSTRACT This thesis explores the existence and behaviour of the under-researched and under- theorised pro-government armed group (PGAG). The core research question is: Why do POAOs behave violently? I define a PGAG as a group that is armed, organised and connected to government. Detailed evidence on PGAGs is limited and typically collected on a case-by-case basis by historians, anthropologists and journalists. The pro-government militia database (www.abdn.ac.uk/rnilitias) is the first project to collect evidence on these groups in a systematic manner. The database finds POAOs existing and operating in diverse environments; they are frequently violent and commit human rights abuses. The empirical contribution of this thesis is to collect further detailed evidence on the behaviour of PGAGs in three diverse cases: the notorious militias in Yugoslavia, the under-researched peasant militias in Peru and the well-regarded International Brigades in Spain.

This study argues that corporations have obligations in relation to fundamental human rights, for which there appears to exist a value consensus across different cultures and societies.  This study argues that the normative thrust of fundamental human rights obligations of corporations derive primarily from national legal orders and only secondarily from the international level, whereas both draw their foundations from an international value system.  This argument is backed by an empirical study of sixty-five national legal orders in relation to corporate fundamental human rights obligations.  Thirdly, it argues that fundamental human rights obligations may also derive from unilateral commitments by corporations themselves. This study thereafter proposes a normative framework of obligations to respect, protect and fulfil fundamental human rights.  In other words, it argues that both corporations and states have an obligation to respect, protect and fulfil fundamental human rights.  The study employs a holistic approach which identifies a three-fold responsibility for fundamental human rights violations by or involving corporations: corporate, individual and state responsibility.  In this light, it argues for concurrence between corporate, individual and state responsibility, where possible.  Identifying obligations and responsibility is only one of the aspects of the idea of corporate responsibility.  As important is the question of how one can respond to fundamental human rights violations by corporations.  As international mechanisms are often non-effective, and even non-existent, the provision of effective remedies for victims of fundamental human rights violations by or involving corporations, this study argues, rests where fundamental human rights are best protected within the national normative frameworks.  The final aim is to develop the normative framework <i>de lege</i> <i>ferenda</i>.  This study makes thirteen recommendations on how to improve the normative framework for corporate responsibility for fundamental human rights.

The aim of this research is to investigate the extent to which human rights in Islam corresponds with the international schemes of human rights despite its "cultural particularities". This thesis investigates the right to freedom of faith in light of the main textual sources in Islamic Shariah focusing on the concept of apostasy. To put the study in context, the research traces the history of human rights in both the Islamic and Western perspectives.

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.

The United Nations (UN), and its respective agencies, have developed global initiatives with the overall aim of bringing attention to the importance of educating about, through and for human rights in various professional sectors. However, UN member states have varied in their commitments to develop, implement, and report on national policies and initiatives that endorse the promotion of human rights education (HRE), explicitly in the areas of primary, secondary and higher education institutes (HEIs). At present, there is limited literature concerning HRE and its diffusion throughout HEIs. This qualitative enquiry was undertaken to gain a deeper understanding of the dissemination of HRE within HEIs. Furthermore, the research sought to provide a representation of experiences and perspectives shared by human rights scholars and practitioners regarding the placement of HRE in academia. The data from this study was gathered through individual, semi-structured interviews with ten participants from seven different countries. The findings provide affirmation of the ongoing commitment that is required by not only member states, but a diversity of actors at the local, national and global levels. It is hoped that the recommendations will provide incentive for further research, including informed action plans that will advance HRE at the tertiary levels. There is still a significant amount of work that needs to be done to make HRE commonplace within universities. Consideration ought to be given to HRE and its capacity to complement academic fields that extend beyond its assumed presence in traditional disciplines. / February 2017