Section 234 of the Constitution of the Republic of South Africa, 1996, states that in order to deepen the culture of democracy established by the Constitution, Parliament may adopt Charters of Rights consistent with the provisions of the Constitution. In accordance with its obligations caused by ratifying various international instruments, the government adopted the Service Charter for Victims of Crime in South Africa in 2007. The Service Charter entrenches seven specific rights to a victim of a crime, which also includes the child as a victim. The purpose of this dissertation is to investigate the question whether the rights of child victims to be treated with fairness and with respect for dignity and privacy, to offer information and to receive information are satisfactorily protected within the South African legal framework in light of the requirements of the Constitution and the international legal framework. As point of departure, the background and legal nature of the Service Charter will be investigated briefly. The background of the relevant international and regional instruments are also discussed. This is followed by an analysis and an explanation of the theoretical foundations of the right to be treated with fairness and with respect for dignity and privacy, from an international, regional and a South African perspective. Attention is particularly drawn to the way the courts have interpreted the right to be treated with fairness and with respect for dignity and privacy. What the right entails within the Victim’s Charter is also investigated. This is followed by an analysis and an explanation of the theoretical foundations of the right to offer information and to receive information, from an international, regional and a South African perspective. What the right entails within the Victim’s Charter is also investigated. Finally, a conclusion is reached. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014

Section 234 of the Constitution of the Republic of South Africa, 1996, states that in order to deepen the culture of democracy established by the Constitution, Parliament may adopt Charters of Rights consistent with the provisions of the Constitution. In accordance with its obligations caused by ratifying various international instruments, the government adopted the Service Charter for Victims of Crime in South Africa in 2007. The Service Charter entrenches seven specific rights to a victim of a crime, which also includes the child as a victim. The purpose of this dissertation is to investigate the question whether the rights of child victims to be treated with fairness and with respect for dignity and privacy, to offer information and to receive information are satisfactorily protected within the South African legal framework in light of the requirements of the Constitution and the international legal framework. As point of departure, the background and legal nature of the Service Charter will be investigated briefly. The background of the relevant international and regional instruments are also discussed. This is followed by an analysis and an explanation of the theoretical foundations of the right to be treated with fairness and with respect for dignity and privacy, from an international, regional and a South African perspective. Attention is particularly drawn to the way the courts have interpreted the right to be treated with fairness and with respect for dignity and privacy. What the right entails within the Victim’s Charter is also investigated. This is followed by an analysis and an explanation of the theoretical foundations of the right to offer information and to receive information, from an international, regional and a South African perspective. What the right entails within the Victim’s Charter is also investigated. Finally, a conclusion is reached. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014

The Rainbow Nation is a critical analysis of the notions of community in the thinking of Desmond Tutu. An attempt is being made in this study to demonstrate that the ideal of the Rainbow Nation –an inclusive human community- is a defining motif in Tutu's theological and biblical hermeneutical work. The main discussion in the research project begins by raising a fundamental question which serves as the basis for an analytical construct to examine Tutu's understanding and view of community. The second part of this study focuses on Tutu's early life experiences of community within the South African context. Tutu's writings, sermons, public addresses and statements are systematically and chronologically arranged and presented. This study concludes that Tutu's theology against the apartheid system and his vision for new South Africa, the Rainbow Nation- an inclusive South African Community- rests on triadic doctrines: The Imago Dei, creation of man in the image of God, The Delicate Networks of Interdependence (African Spirit of Ubuntu) and Ecclesiology, which represents the kingdom of God on earth. It is no wonder that out of an oppressive condition Tutu sought a universal vision of inclusive humanity which transcends the barriers of race, class, tribe, ethnicity, religion and other forms of sectarianism. The fundamental problem addressed here, is the notions of community. Its importance and relevance lies in its examination of his approach to the logical development understanding, and realisation of the ideal of the Rainbow Nation. A serious contention in this study is that a critical analysis of the problem in Tutu's thinking can yield insight into the conception, character and realisation of a more inclusive, loving and caring human community. However the author of this study is aware of the fact that one cannot possibly exhaust all the salient aspects of the rainbow nation as a model of an inclusive human community. What this study is attempting to provide here is the insight into the thinking of Desmond Tutu that makes contribution to the discussion of the realisation of the beloved human community. The model of human inclusive community proposed here is functional not contemplative theoretical. Human inclusive community has always been a dynamic force and has social implications which cannot all be covered by this study. / Systematic Theology / D. Th. (Systematic Theology)

The accumulated importance of the patent law morality exclusion over the recent decades has been prompted by the increased protection sought for biotechnological inventions. This raises specific ethical concerns such as the respect for human dignity. The morality exclusion is regarded as an indispensable safeguard in the patent system of the 21st century, but its application and scope remains unclear, not least due to a division of competence between the European Union (EU), the European Patent Organisation and national Member States. In addition, the international Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under the auspices of the World Trade Organization (WTO) sets minimum standards for the operation of the morality exclusion. In this study the scope, interpretation and application of the morality exclusion in European and international patent law is described and analysed by applying the legal dogmatic method. The object of study is the European patent law morality exclusion in terms of Article 53(a) and Rule 28 of the European Patent Convention and Article 6 of Directive 98/44/EC on the legal protection of biotechnological inventions. A connected purpose of this study is to describe, problematize and analyse the compliance by the regional rules (EU, European Patent Organisation) with the international framework provided by Article 27.2 of the TRIPS Agreement. Although this study is not limited to specific technologies, the majority of issues raised are done so in relation to the morality exclusion concerning biotechnological inventions, which is reflected in this work. Furthermore, the theoretical framework is dependent on the functioning of the morality exclusion in the respective systems, both regional (EU, European Patent Organisation) and international (WTO). This approach necessitates a consideration of the characteristics of each legal system. This thesis uncovers the differences in the interpretation of the morality exclusion (both within as well as between the legal systems), which causes legal uncertainty in this particularly complex field where patent law and ethics interact. The effects of such variations on the scope and application of the morality exclusion are clarified and critically reviewed. According to the wording of the morality exclusion, the commercial exploitation of an invention with regard to morality or ordre public is a central prerequisite in the assessment of excluded subject matter. Consequently, the interpretation of this particular requirement is subject to critical review, since its implications are decisive for the scope of application of the morality exclusion. It is furthermore questioned whether the European morality exclusions are TRIPS-compliant, and the possible effects (and available remedies) of non-compliance for the EU legal order are analysed. This in turn involves issues of norm conflicts in international and EU law. The author presents a critical analysis, investigates the interaction between legal systems and suggests clarifications in order to attain the optimal functioning of the morality exclusion.

Human dignity is an enunciated ethical principle in many societies, and it has elicited a great deal of interest, not least because it is central in health care. However, it has also been the subject of criticism. Some have argued that it is sufficient to rely on a principle of autonomy, and that dignity is a redundant principle or concept in health care. Other discussions have focused on the precise meaning of dignity, and how a principle of dignity should be interpreted and applied. This dissertation discusses questions on the principle of dignity and the meaning of the concept. In addition to a theoretical analysis of these questions, a qualitative research study has been carried out, based on interviews with physicians in palliative and neonatal care, and hospital chaplains, looking at dignity at the beginning and end of life. This dissertation can be categorised as empirical ethics because of its methodological approach. Based on a narrative analysis of the interviews, the results from the study shed light on the theoretical discussion on dignity. Through the history of ideas, dignity has often been linked to human abilities such as autonomy and rationality. However, autonomy is only one of the aspects which emerged from the qualitative research in this dissertation. Other aspects introduced into the discussion on dignity include human vulnerability, interdependence and the responsibility to face vulnerability in others. Some theoretical perspectives on dignity are criticised in the light of the empirical results. Furthermore, the dissertation includes a theological perspective where a Christological view – connected to Bakhtin’s ethics of responsibility – forms a critique to both the Kantian deontological perspective and dignity acquired by virtue. The dissertation also considers how the results can be applied to medical practice.

"Mémoire présenté à la Faculté des études supérieures en vue de l'obtention du grade de Maître en droit (LL.M.)" / Le présent mémoire soulève divers questionnements face au traitement singulier qu'a reçu l'âge en tant que motif prohibé de discrimination, sous la Charte des droits et libertés de la personne du Québec et la Charte canadienne des droits et libertés. Ainsi, nous verrons que même si la discrimination fondée sur l'âge n'est pas à strictement parler « autorisée », elle est néanmoins souvent jugée acceptable. Tout d'abord, nous procéderons à une revue générale et synthétique des notions de discrimination et de droit à l'égalité, telles qu'elles sont prévues par les articles 10 de la Charte québécoise et 15 de la Charte canadienne. Ensuite, nous évoquerons un certain nombre de limites législatives qui ont été apportées à ces droits et qui peuvent constituer des obstacles importants dans la lutte effective contre la discrimination fondée sur l'âge. Enfin, nous nous permettrons de faire quelques réflexions critiques, afin de souligner comment la perspective particulière qu'ont adoptée les juges dans l'étude des questions relatives à la discrimination fondée sur l'âge a pu introduire un certain nombre d'incohérences au sein de la logique plus générale qui se dégage de l'ensemble de la jurisprudence portant sur le droit à l'égalité. / The present Master's Thesis raises questions regarding the singular treatment to which "age" has been subjected as a prohibited ground of discrimination, under the Canadian Charter of Rights and Freedom and the Quebec Charter of Rights and Freedoms. We will see that even though age discrimination is not strictly "authorised", it is nonetheless often held to be acceptable. First, we will synoptically review the concepts of discrimination and equality which emanate from section 10 of the Quebec Charter and section 15 of the Canadian Charter. Then, we will identify a certain number of legislative limits which affect these rights, and may constitute significant obstacles in the effective fight against age discrimination. Finally, we will allow ourselves to advance sorne critical thoughts, highlighting how the peculiar perspective thatjudges have taken in age discrimination matters has introduced non sequiturs in the overall logic that can be drawn from the more general equality jurisprudence.

1 Rightlist extremism and radicalism in the Czech Republic constitutional law aspects Keywords Rightlist extremism, radicalism, constitutional law, human dignity, democracy, neonazists Abstract The subject of this thesis is description of activities of selected Czechoslovak and Czech political parties and movements with elements of right-wing extremism since the establishment of Czechoslovakia until 1945 and from 1989 to the present. More over I analyze the possibility of intrusion of democratic stability by activities of these subjects and examine legal instruments held by the society, to defend democracy. Reading my work, the reader should have complete view on this issue and clear comparison of right-wing extremism and its consequences in the past and present. Source of my work is the constitutional order of the Czech Republic, in particular the Czech Constitution and the Charter of Fundamental Rights and Freedoms, laws and jurisprudence. A valuable source was also historical and legal literature, manuals and guidelines of the public administration. Describing of some right-wing extremist entities, I have used their own publishing activities, primarily Internet resources. The work is divided into two parts, of which the first mainly deals with the history of right-wing extremism in Czechoslovakia and the...

O presente trabalho sustenta que as pessoas jurídicas de direito público são titulares de direitos da personalidade, inclusive a honra subjetiva, naqueles aspectos ou manifestações concretas compatíveis com o modo transindividual com que representam o ser humano. / This study sustains that legal entities of public law are entitled to personality rights, including subjective honor, in those aspects or concrete manifestations that are compatible with the transindividual manner by which they represent natural persons.

This thesis aims to examine which views of the human being that are manifested in the Swedish and Dutch legislation on prostitution. The theoretical framework consists of the humanist, the christian and the naturalistic views of the human being in combination with the concepts of autonomy and human dignity. The question is which views of the human being are manifested in the Swedish and Dutch legislation on prostitution? According to this thesis all three views of the human being can be traced in the legislations. The humanist view of the human being is most clearly manifested, in both the Swedish and Dutch legislation on prostitution, however their views are from different angles. Whereas the view of the Swedish legislation is that the autonomy and human dignity of the seller is violated in prostitution, the Dutch legislation on the other hand sees autonomy as the seller’s right to choose prostitution. In Dutch legislation both seller and buyer are seen as autonomous beings with ability to reason, and prostitution is seen as a trade transaction. In Swedish legislation the seller is seen as vulnerable and exposed and the buyer is seen as a criminal, and both seller and buyer are in need of change and help, in different ways.

In 2016 a new temporary asylum law was introduced in Sweden which limited the chance of being granted asylum. This law was most hard hitting on unaccompanied young people who no longer received fair asylum processes. The government changed part of the temporary law in 2018, and this amendment is referred to as the Upper Secondary School Act. The purpose of this change was to allow certain groups of unaccompanied young people the chance to gain asylum by granting them a residence permit to study in Sweden.   The purpose of this thesis is to examine whether the Upper Secondary School Act provides unaccompanied young people enough human dignity and respect. To do this, elements of two immigration laws are examined to see how the differences between the laws affects unaccompanied young people in the asylum process and in order to gain an understanding of why the new high school law was introduced into legislation. This thesis also conducts a qualitative study to find out what effects the law have had on unaccompanied young people. The Upper Secondary School Act is then reviewed from an ethical and critical standpoint, where the thesis's theoretical approach is based on the thoughts of Jürgen Habermas, Seyla Benhabib and Elena Namli.   The study shows that the Upper Secondary School Act has been criticized from many different directions, and points out that the law is inadequate and lacking a humane perspective. This study also concludes that the law has led to negative consequences for unaccompanied young people because they are not provided with the right conditions for a good life in Sweden. This has led to them being neglected. In order to change this the law must respect human dignity and express an equal respect for all people. This will then counteract repressive structures that prevent the possibility of integration, which the Upper Secondary School Act does not achieve. The main problem with the present law is that there is not enough respect for unaccompanied young peoples’ human dignity.