This study took place at one of the intercultural universities (IUs) of Mexico that serve primarily indigenous students. The IUs are pioneers in higher education despite their numerous challenges (Bertely, 1998; Dietz, 2008; Pineda & Landorf, 2010; Schmelkes, 2009). To overcome educational inequalities among their students (Ahuja, Berumen, Casillas, Crispín, Delgado et al., 2004; Schmelkes, 2009), the IUs have embraced performance-based assessment (PBA; Casillas & Santini, 2006). PBA allows a shared model of power and control related to learning and evaluation (Anderson, 1998). While conducting a review on PBA strategies of the IUs, the researcher did not find a PBA instrument with valid and reliable estimates. The purpose of this study was to develop a process to create a PBA instrument, an analytic general rubric, with acceptable validity and reliability estimates to assess students’ attainment of competencies in one of the IU’s majors, Intercultural Development Management. The Human Capabilities Approach (HCA) was the theoretical framework and a sequential mixed method (Creswell, 2003; Teddlie & Tashakkori, 2009) was the research design. IU participants created a rubric during two focus groups, and seven Spanish-speaking professors in Mexico and the US piloted using students’ research projects. The evidence that demonstrates the attainment of competencies at the IU is a complex set of actual, potential and/or desired performances or achievements, also conceptualized as “functional capabilities” (FCs; Walker, 2008), that can be used to develop a rubric. Results indicate that the rubric’s validity and reliability estimates reached acceptable estimates of 80% agreement, surpassing minimum requirements (Newman, Newman, & Newman, 2011). Implications for practice involve the use of PBA within a formative assessment framework, and dynamic inclusion of constituencies. Recommendations for further research include introducing this study’s instrument-development process to other IUs, conducting parallel mixed design studies exploring the intersection between HCA and assessment, and conducting a case study exploring assessment in intercultural settings. Education articulated through the HCA empowers students (Unterhalter & Brighouse, 2007; Walker, 2008). This study aimed to contribute to the quality of student learning assessment at the IUs by providing a participatory process to develop a PBA instrument.

Doctor Legum - LLD / Many African states are in dire need of economic development to alleviate poverty, enhance the quality of life of peoples and bring development home. To meet this aim, land investments have been the preferred mode of development for a long time on the African continent with particular reference to Ethiopia and Madagascar as selected case studies of this study. Hectares of land are being given away to foreign investors involved in agricultural investments through investments treaties and contracts. The aim is primarily to attract foreign direct investments to boost the economy. Unfortunately, this seems to be a skewed vision of development, focusing exclusively on economic development without any consideration to social, cultural and political development of people, especially local communities. Such a narrow mode of development is not in line with human rights principles and considerations with thousands of people of the two countries having their basic human rights being constantly and irreparably violated by the actions of foreign investors involved in land investments. Their lands are being grabbed and this is entailing a series of other major infringements of civil and political as well as socio-economic rights intrinsically linked to land. Ethiopia and Madagascar are both parties to major legal instruments on human rights at the UN and the African level. They have legal obligations to respect, protect and fulfil human rights that are being violated on a daily basis by land grabbing. In addition, their domestic legal frameworks are supposed to confer adequate and effective protection to those human rights and protect them from the negative impacts of land grabbing. When such a mode of economic development is resulting in basic human rights violations, it is clear that such development is not aligned with an all-inclusive and encompassing mode of development. To this end, this study adopts Sen’s Capability Approach to development which advocates that development should render people free and capable. Individuals have capabilities which must be enhanced and protected. In the context of land grabbing, land, water, food, culture and political participation have been identified as the human capabilities which require the utmost form of protection and respect. The thesis investigates the ways in which international and domestic legal frameworks on human rights can be used to protect the selected capabilities. While economic development in the form of investments and FDI is necessary in any country, there is a pressing need for such national economic interests to be balanced with human rights of local communities who are the main victims of land grabbing. Accordingly, in terms of the central research question, the study, with references to the two selected jurisdictions, investigates how African states should take appropriate measures and steps to ensure that land investments are compliant with their obligations under international human rights normative framework in a way that renders local communities “capable” in line with Sen’s Capability Approach. In terms of methodology, desk research is used based on reports and data that international research institutions have presented on land grabbing. The common capabilities that are violated in the two jurisdictions are singled out and eventually analysed in line with international human rights framework including the right to development, the right to land, the right to food, the right to water, the right to culture and the right to political participation. The main aim is to examine how a balanced mode of development as proposed by Sen can be achieved using the international framework on human rights, the right to development specifically and the domestic legal framework of the countries. The study concludes that the human rights framework protecting the identified capabilities is not being effectively complied with by the two selected states. In addition, their domestic legislative framework on human rights is not in conformity and harmony with international standards set by treaties and treaties bodies. Accordingly, the study proposes a number of measures that could be taken by states to achieve the balance between national development interests and human rights.

This thesis explores the interplay between copyright and tertiary education, and their roles for sustainable human development in Ethiopia. Access to learning materials is used as a context for the exploration. Despite its recognition of development as a human and constitutional right, Ethiopia emphasizes economic growth as the core of its national development objectives. To this end, tertiary education is often considered for its instrumental role in human capital formation. Given this narrow lens of development, the thesis observes the neglect of human development as the enlargement of human capabilities. It is underscored that development-oriented copyright and tertiary education are both vital in themselves and complementary for sustainable human development. Nonetheless, their complementing roles depend upon relevant policy and legal flexibilities that facilitate access to learning materials. As a major context for the interplay, access to learning materials is essential for both sustainable creative innovation and quality tertiary education. Noting a restrictive copyright system as one of the impediments, the thesis thus inquiries into the regime and finds out the non-incorporation of relevant international copyright-related flexibilities. Adopting a TRIPs-plus approach, the existing national copyright law in Ethiopia has left out a number of legal flexibilities relevant for increased access to learning materials. Stifling creative and learning freedoms or capabilities, this has serious ramifications for sustainable human development. From human development perspective, the thesis further unveils lack of coherence in the regimes and proper orientations towards human development. Therefore, it is imperative to revisit the regimes, forge a coherence, and retract the excessive protection. A comprehensive integration of appropriate flexibilities is recommended to promote creative and learning capabilities for enhanced human development.

No description available.

Need is a concept that carries intuitive appeal in moral decision-making. As it stands, need is relatively under-theorised, given its currency not just in philosophical argumentation but in news coverage, charitable appeals, and political practice. Need claims carry compelling normative force, and they are amenable to widespread support as our most basic needs are some of the things we most transparently share with our fellow human beings. However, how should we understand that normative force? Is need best understood to compel us as a matter of justice? I begin my account by considering the kind of need relevant to the project. I build from an understanding of need as a three-place relation, which is by its nature needing for a purpose. I suggest that morally important needs are those which aim at the objective interests that all people have in virtue of what is good for each of us qua human beings ('non-arbitrary needs'). Further, I distinguish the existentially urgent subset of those non-arbitrary needs as 'basic needs.' Given this understanding, I consider how basic needs theory relates to its conceptual neighbours. I focus on capabilities as the nearest neighbours, but also comment on wants, interests, and rights. I judge that the theories developed by Martha Nussbaum (capabilities) and Len Doyal and Ian Gough (needs) benefit from a complementary reading, with each supplementing the other. I then draw from Amartya Sen's early writings on capabilities to ultimately see capabilities and needs as two sides of the same coin. This helps to situate needs theory in relation to a mainstream branch of political theory more generally, and indicates that we can recognise the special significance of needs without eschewing other morally important categories. I then move to establish a scope of justice that allows us to distinguish between duties of justice and other moral duties. If we think that duties of beneficence are weak and optional, whereas duties of justice are binding and enforceable, a great deal rides on how we characterise our duties to the global poor. I offer a 'moral enforceability' account, claiming that duties of justice are those which are, in principle, morally enforceable. It is the in-principle enforceability of justice duties which gives them teeth. Returning to need, I then ask how another's need comes to give me a moral reason for action. I canvas a range of existing accounts, many of which furnish important insights. I then propose that it is the morally relevant capacities of the being in need which gives them moral status such that their needing is morally significant. We are morally required to answer this need with responsiveness, as a demonstration of appropriate respect for the sort of being that the human in need is. If this is right, we are morally required to be responsive to need, even if we are not always required to reduce it. Finally, I bring the diverse strands of the foregoing argument together to return to the relationship between need and justice. I consider what a duty of responsiveness might amount to in practice, and suggest that our duties of responsiveness are best thought of as collective duties, grounded in the capacity of the global well-off to contribute. Further, I argue that duties of responsiveness are a matter of justice, as they are the sort of duties that are, in principle, morally enforceable. A wide range of threats to the necessary conditions for human flourishing, and even human life, are on the horizon, and many of these are uniquely collective challenges. The seriousness of those challenges, and the extent to which we have treated our responsibilities to those in need as discretionary in the past, means collective action and problem solving are called for when there are no easy answers.

The overall objective of this study is to promote the human rights to health of Nigerian women to have access essential medicines, to enhance their human capabilities for human development. This thesis argues for an improvement of women’s access to medicines within the context of patent law and rights in the international IP regime of the Trade Related Aspect of Intellectual Property (TRIPS) Agreement and Nigeria’s national patent system. Towards this goal, the thesis makes the point that patent law and its exclusive rights, both the TRIPS Agreement and national law of Nigeria, do not exist in a social welfare vacuum. The legal text of patent law, which confers rights on inventors when enforced, translates to many other things outside the sphere of property rights; indeed, it can be a matter of life and death. It is argued in this regard that patent right could, in effect, interfere with access to medicines and therefore, the right to health and prospects for human development. The thesis therefore argues that, in the construction, interpretation and enforcement of patent law in Nigeria, there is a need to take into consideration its impact on public health. It is against this backdrop that the research assesses the legal framework of pharmaceutical patents and the implications for women’s access to medicines, from a right to health and human development perspective. This interdisciplinary study is with a view to suggesting ways in which Nigeria’s patent system can be more human development and human rights friendly in the interest of public health, particularly, the use of the TRIPS flexibilities to enhance access to life-saving medicines in Nigeria. Since Nigeria as a member of the World Trade Organisation, is bound by its treaty obligation to adopt the provisions of the TRIPS Agreement, the thesis makes proposals for ways in which the Nigerian government and law-makers, can adapt the patent rules and the flexibilities to suit development objectives and promote public health within the benchmark allowed in TRIPS. In this respect, this thesis critically investigates the practical implications of the available flexibilities and options in the TRIPS Agreement that can be used to address the effects of patents on access to medicines. While this thesis concedes the view that the hindrances to accessibility of essential drugs in Nigeria are multi-faceted and demand a multi-dimensional approach for a lasting solution, it is specifically argued that the TRIPS flexibilities are significant means for addressing the challenges of affordable access to important health treatments within the context of patent law. However, it is emphasised that utilising the flexibilities will require that Nigeria’s patent system is strategically designed to take full advantage of the available safeguards and options. To this end, this study recommends ways to incorporate the flexibilities to enhance access to medicines in Nigeria while avoiding the technical and regulatory pitfalls that have trailed the enforcement of the flexibilities by other developing countries.

Many studies have been carried out throughout the world on how street-connected children relate to the streets, but not enough of these studies are seen through a gender perspective. Hence, the general conception of street-connected children is in some manner still mainstreamed, which casts an image claiming all children in the same category. This demonstrates that there is currently a missing gap of knowledge. This study covers whether the role of gender could affect the lives of the children that live and work on the streets, through a qualitative research in the field with 28 interviewees. These interviews were largely conducted in Brikama, Serekunda, Topkunda, Farafenni, Madina Salaam and Bakau in The Gambia, where the majority of the Gambian NGOs and street-connected children is located. The results from analysing these interviews pointed towards the same pattern: that there were a few similarities in the livelihoods of the street-connected boys and girls. However, the differences concerning their livelihoods on the streets were greater since the findings demonstrated that their challenges and opportunities of achieving the Ten Central Human Capabilities were different. Street-connected boys and street-connected girls were both exposed to child labour. The main difference was, street-connected boys, who lived in groups, worked in car garages, fish industries and for shop owners, while the few girls who permanently lived on the streets, were alone and sexual exploited. This research is thus not merely a contribution to the studies of street-connected children, but how gender is relating to the streets. Furthermore, a contribution to improve these vulnerable children’s livelihoods and also increase the awareness through the perspective of humanities, which might be crucial in future policy recommendations and research.

<p>The aim with this study was to increase the knowledge about as well as shed light on hidden refugees’ living conditions by compiling research about hidden refugees’ living conditions and complete this research by doing a field survey with people with different knowledge and experience of hidden refugees’ living conditions. The result was analyzed on the basis of Nussbaum’s list of ten human abilities and the convention of human rights. The study showed that hidden refugees' living conditions are experienced as very critical, and characterized by lack of human rights as well as means to utilize and develop their abilities. The conclusion of the study is that hidden refugees’ living conditions could not be considered humane and that there is a need for ethics when treating hidden refugees.</p>

The aim with this study was to increase the knowledge about as well as shed light on hidden refugees’ living conditions by compiling research about hidden refugees’ living conditions and complete this research by doing a field survey with people with different knowledge and experience of hidden refugees’ living conditions. The result was analyzed on the basis of Nussbaum’s list of ten human abilities and the convention of human rights. The study showed that hidden refugees' living conditions are experienced as very critical, and characterized by lack of human rights as well as means to utilize and develop their abilities. The conclusion of the study is that hidden refugees’ living conditions could not be considered humane and that there is a need for ethics when treating hidden refugees.

Girls’ education has been promoted by the international development community for over two decades; however, it has proven harder to promote gender equality through education than it has been to promote gender parity in education. Of significance is the global circulation and co-existence of two competing rationales for the importance of girls’ education: economic efficiency and social justice. The cost of ignoring how and why Southern governments and their development partners choose to promote girls’ education is high: an over-emphasis on economic efficiency can mean that the root causes of gendered inequalities in society remain unchallenged, and more social justice-oriented reforms become marginalized. This thesis uses a critical feminist lens to qualitatively investigate the role and significance of human capital, human rights, and human capabilities policy models in the context of the production and enactment of gender equality in education policy knowledge in The Gambia, a small, aid-dependent Muslim nation in West Africa. The purpose of the study was to assess the scope education policies provide for positive change in the lives of Gambian women and girls. Towards illuminating relations of power in and the politics of gender equality in education policy processes, the study compares and contrasts written texts with the perspectives of state and non-state policy actors. The study is based on data drawn from interviews, participant observation, and documentary analysis. The findings suggest that different gender equality in education ideas and practices have been selectively mobilized and incorporated into education policy processes in The Gambia. At the level of policy talk, girls’ education is framed as important for both national economic growth, and “women’s empowerment”. However, the policy solutions designed and implemented, with the support of donors, have tended to work with rather than against the status quo. Power and politics was evident in divergent interpretations and struggles to fix the meaning of key concepts such as gender, gender equality, gender equity, and empowerment. Religious beliefs, anti-feminist politics, and the national feminist movement were identified as important forces shaping gender equality in education knowledge and action in the country.