Analysis of relationships between states and citizens has almost monopolised the Human Rights legal discourse. In my thesis, I start from the position that Human Rights is a philosophical and historical victory of humankind, whose application cannot be limited to dictating norms in traditional forms of governance; Human Rights primarily define the human being as an individual, as a group, as a societal entity. Therefore, when we discuss Human Rights we do not pursue what governing states 'ought' or 'ought not' to do, but how human beings 'should' endure their lives in a dignified manner; how they should be treated independently of who their acting opponent might be. The Internet, on the other hand, has evolved through the years into an uncharted virtual structure of uncounted online operations and services run by private commercial actors. Within this setting, where the online application platform performs as a land parallel and the private commercial host as the de facto ruler, online identity is mirrored into service accounts. Hence the human being‘s digital existence seems to be depending, to a large degree, on the private initiative – and will. Whilst exploring various relevant themes, the thesis revisits the issue of the application of Human Rights in private relationships through the lenses of online electronic communications and using the example of commercial online virtual worlds. According to my conclusions, a simple projection of the state/citizen model onto ISPs/users relationships does not give sufficient ground for contesting Human Rights within that context. What we need is to deconstruct predominant dogmas in modern Human Rights theory and legislation and to readjust our focus back on the human being and its universal manifestations.

LL.D. / This inquiry is about the derogation of human rights during states of emergency. International human rights law has blossomed since World War II. Over the years it has been understood that human rights can be limited or derogated (suspended) under certain circumstances. A set of standards has been developed through the different sources of international law to ensure that human rights abuses are avoided during states of emergency. Treaty law, as well as customary international law, provides definite standards that have to be adhered to during these circumstances. General principles of law recognised by “civilised” nations also contribute to the standard setting that must apply during states of emergency. The use of emergency powers during times of crisis is a world phenomenon. Human rights violations often occur in times of crisis when emergency powers are used. This has led to rich jurisprudence by the various international bodies that monitor, enforce and promote respect for human rights. All the sources of international law have contributed to ensuring that a prudent set of standards governs states of emergency. In this study these standards are set out and expounded upon. These standards are furthermore applied in three Southern African states. The history of states of emergency in these countries and the constitutional dispensations that govern states of emergency in each of these countries is placed under scrutiny and tested against the international standards that should apply. The picture that unfolds is not encouraging because there is not clear evidence that there is always respect for international law and the meticulous application of these standards. International and regional monitoring bodies have not always successfully discharged their obligations to promote human rights or to prevent human rights abuses during states of emergency. The main difficulty in the African Charter for Human and Peoples’ Rights is that it does not contain a derogation article, which forbids the abuse by the state of emergency instruments and curbs the abuse of power during states of emergency. The African Commission is plagued with difficulties, mainly pertaining to staff and resources. It often aspires to be “politically correct” in the face of state parties who are quick to rely on state sovereignty and thereby do not allow outsiders to monitor alleged human rights violations. The adoption of the Protocol to the African Charter on the establishment of an African Court is an important step in strengthening the African system for the protection of human rights. In Southern Africa, there is not a clear commitment to uphold and defend human rights through the relevant regional bodies – the correct statements are expressed in the treaty that formed the Southern African Development Community. There is however no authority to monitor or ensure compliance to ideals set out in the treaty. A route to overcome this difficulty is suggested, namely to negotiate a set of human rights standards in the region, without any legally binding effect initially but with strong persuasive and moral standing. This first step must provide a launching pad to ultimately have a Southern African Human Rights Treaty, with inter alia a tight derogation article as well as a treaty body with strong monitoring and enforcement powers. A regional commitment to uphold and respect human rights is a prerequisite to ensure that a human rights culture takes root in the service of stability and democracy in Southern Africa.

Magister Legum - LLM / South Africa

No abstract available. / Dissertation (MDiplomatic Studies)--University of Pretoria, 2010. / Political Sciences / unrestricted

Despite a progressive constitution lauded as one of the best and most forward-looking in the world, with an advanced Bill of Rights, instances of human rights violations have been detected at all levels of the South African society. The most disturbing revelations have been associated with situations in many farming communities in South Africa. On the basis of a comprehensive nationwide study initiated in June 2001 and documented in 2003, the South African Human Rights Commission (SAHRC) confirmed widespread human rights violations on South African farms. Through the efforts of the South African Human Rights Commission, many of these violations have been brought to the attention of the authorities and there are already numerous actions being taken to contain and possibly eliminate them. Among these is the Child Labour Programme of Action which was adopted in 2003 by the large number of government departments that constitute the stakeholders, particularly those that have responsibility for labour, education, provincial and local government, water services, justice, policing, prosecution, and social development. However, the SAHRC study had limited coverage due to constraints of time and funding and did not pay adequate attention to the former independent homelands. In addition to this significant shortcoming, recent international experience reveals other forms of violations that may not be immediately obvious and therefore go undetected for a very long time. Among these, the International Labour Organization (ILO), together with various non-Governmental Organizations (NGOs) and other bodies have drawn attention to existence of what are termed “worst forms of child labour”. The latter involves a wide range of abuses to which under-age individuals are subjected against their will and often exposed to hazards that may leave them permanently excluded from formal educational and economic opportunities. The fact that national definitions differ complicates the situation. As a result, systematic investigation is needed to see to what extent local practices compare with international norms and standards. Similarly, the fact that the former independent homelands were not adequately covered in such an important study that aimed to inform policy on the optimal direction of the transformation process also raises serious questions that must be addressed. This mini-dissertation documents evidence based on a rapid appraisal of farm and non-farm environments in two polar regions of the province, namely the Port St John’s Municipality in the Oliver Tambo District Municipality of the former Transkei homeland and Alice in the Nkonkobe Municipality of the former Ciskei homeland. Descriptive and content analysis methodologies were employed to analyze the data obtained from interviews of employers of labour, the labourers themselves, as well as community members and “bystanders” who had opinions about the insertion of children into the labour market. Correlational analysis and logistic regression were performed to draw inferences about the determinants of child labour in the farming system. The indication is that child labour is an established phenomenon whose discussion is however quite sensitive and elicits a wide range of emotions. The role of socioeconomic factors in influencing the decision to engage child labour seems to be quite extensive. For instance, monthly income of household has important practical implications for national and global policy on the use of child labour are foreseen and form the basis for the recommendations put forward to address the associated concerns.

No description available.

When exploring the interplay between drug policy and human rights, commentators tend to adopt a harm reductionist approach, and centre their research on rectifying the vast amount of human rights violations carried out in the name of drug control. These violations include the use of the death penalty, the infliction of torture, and the denial of basic healthcare, to name but a few. Though this approach ameliorates some of the worst effects resulting from prohibition, a harm reductionist approach can only ever perpetuate the current regime. The thesis puts forth an alternative human rights perspective, one which explores the human rights of individuals to consume psychoactives, to challenge the moral hegemony of the global drug regime and prohibitionist logic. Part I (Chapters 1-3) comprehensively challenges the value of ‘human rights’ on a philosophical, political, legal and institutional basis- to appreciate their capacity to provide a new perspective on drug control. Part I concludes that: human rights are conceptually broad living instruments, capable of reflecting the complex reality of human psychoactive usage; human rights can better address the State/individual binary which is identified to be at the crux of drug policies and; human rights and drug control regimes are legally compatible. This bona fide human rights perspective is then applied to Part II (Chapters 4-5), which employs health and religious rights as conceptual starting points, to demonstrate how human rights could improve the drug control framework, and how the lens of human rights can point to different ways of regulating drug consumption. The broader regulatory implications resulting from this unique perspective call for an application of human rights which moves beyond medical and traditional prohibitive paradigms, to integrate broader categorisations such as ‘human flourishing’. This broader perspective accounting for pleasure, well-being and spirituality etc. would more thoroughly appreciate the often interconnected nature, and significance an individual accords their drug use. The thesis also concludes that drug policy is inherently political, and through centring upon the relationship between the State and the individual, a human rights perspective can comprehensively unpack the moral arguments involved. By introducing normative thinking in this sphere, as well as presenting the empirical evidence when weighing up the benefits and harms from psychoactives, a more open-minded, transparent approach to the issue of drug control can be adopted. Analysing (predominately) domestic and international case law which explores the conflict between the human rights and the drug control regimes, finally demonstrates that human rights have a transformative capacity to alter the drug control system, even while operating within the prevailing prohibitionist paradigm. The medical cannabis cases, and the religious exemptions for peyote and ayahuasca particularly demonstrate this, and give credence to the notion that the global regime of drug control is beginning to fall apart. Ultimately, this thesis uses the lens of human rights to provide a new perspective and direction to the issue of drug control.

This thesis is an analytical study of the League of Arab States regional human rights system. It involves an examination of the League's concept of human rights as represented in the League's two draft instruments - the draft Arab Declaration of Human Rights and the draft Arab Convention on Human Rights - as well as its machinery of implementation as represented in the Permanent Arab Commission on Human Rights. Our analysis of the League's human rights is conducted in the light of the political, cultural and ideological factors prevailing in the Arab world. The League's failure to establish an effective regional human rights system is due largely to its inherent limitations and to the constant negative attitudes of Arab States toward human rights protection. Unless some drastic changes in these determinate factors take place, the situation is likely to remain the same in years to come. / Law, Peter A. Allard School of / Graduate

The albinism community in Malawi has been faced with gruesome human rights violations for the past decade. These violations have included, assaults, kidnapping, mutilations, and murder. The cause of such violations is that the community of Malawi has for so long embraced the superstitious belief that the body parts of people with albinism are an essential charm for good luck. As a result of this, the albino community faces extinction because of the small population. The definition of a refugee under the 1951 Refugee Convention on the other hand, only provides for five grounds of persecution which includes race, religion, nationality, political opinion and membership of a particular social group. The dissertation seeks to unravel whether the international law grants refugee status to people with albinism. In response to the question, the dissertation analyses the definition of a refugee under the 1951 Convention. Persecution and inability of a State to protect victims of human rights violations are important elements to establish a solid case for refugee application. Hence, the dissertation tends to analyse whether the treatment of people with albinism in Malawi amounts to persecution. Besides, whether, they could be granted refugee status in other countries. The dissertation, furthermore, tends to analyse whether there are other mechanisms of the international community that are used to protect people with albinism. The findings in this thesis are that albinism is a ground of persecution because of the treatment that is followed due to their defined characteristics. That due to certain factors that needs to be satisfied to amount to effective national protection; Malawi has failed to protect people with albinism. Therefore, based on those factors, people with albinism could be granted international protection of refugees. Though there are other mechanisms by the international community used to protect people with albinism, there is a need to change the definition of a refugee under the 1951 Convention to accommodate problems arising in the contemporary world.

No abstract available. / Dissertation (LLM)--University of Pretoria, 2012. / gm2014 / Centre for Human Rights / unrestricted