Human trafficking for the purpose of organ removal, known to be an obscure and uncommon form of trafficking in persons, has since become a popular phenomenon across various countries of the world. The crime is recognized in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially women and children, which supplements the United Nations Convention against Transnational Organized Crime. A reason for the inclusion of this form of trafficking in this particular international instrument on transnational organized crime is because most forms of trafficking, and more particularly human trafficking for the purpose of organ removal, as well as organ trafficking are generally perpetrated by transnational organized criminal groups. This dissertation seeks to consider the crime in detail, from a human right-based approach. This approach acknowledges that trafficking in all its forms, is a violation of human rights and seeks to depart from the common debates surrounding the spread of organ trafficking over the years. A large proportion of these debates have attributed the shortage of organs to the spread of the organ black market and organ trafficking in general. These debates have therefore focused on addressing the shortage of organs by developing systems to promote altruistic donation of organs. Even though there is an international recognition and admittance of the fact that human trafficking for the purpose of organ removal constitutes a serious human right abuse, there is still a wide gap in the body of research that focuses on the human right abuses involved in this type of human trafficking, and the need to protect and promote the rights of victim-donors. The aforementioned gap will serve as the crux of this dissertation as efforts will be made to address the inherent human rights abuses that victim-donors face. This dissertation will begin by introducing the crime of human trafficking through a brief historical overview. It will then proceed to give a background information on human trafficking for the purpose of organ removal. Subsequent chapters will address in detail the trends and patterns of the crime, the modus operandi of organ traffickers, the role players in organ trafficking networks, the consequences of the crime on the victims involved, the inherent human right violations promoted through the continuous perpetration of the crime of human trafficking for the purpose of organ removal, and the responses that have been given to curbing the crime from different international, regional and national institutions. Case studies will be examined to buttress the facts and findings of the entire dissertation.

Includes bibliographical references (leaves 76-85). / [No title page] This study underscores the need to tackle the escalating HIV /AIDS pandemic in Zimbabwe through a developmental and human rights based approach. In particular it focuses on second generation rights because of their emphasis on the social welfare of individuals. Second generation rights relate to the living conditions of people in society, attempting to ensure that individuals have adequate standard of living. This is achieved through the provision of adequate food, clothing, income, housing, medical care and other essential social services. While acknowledging that behaviour change is an essential element in fighting HIV/AIDS since the virus is spread mostly through sexual contact, the study recognises that it is of limited effect if factors that constrain the ability of individuals to alter their behaviour are not addressed. The study thus recommends the upholding of second-generation rights as an effective compliment to behaviour change strategies. Without mechanisms that facilitate change and build a conducive environment for such a transformation, the HIV/AIDS pandemic will continue to rage on. The research is a qualitative study conducted with a single case study. Zimbabwe is used as a case study as it provides a unique example of a country that has managed to lower its HIV/AIDS prevalence. However, it is now faced with an overwhelming challenge of increasing or at least sustaining this downward trend of the epidemic. Unfortunately, due to an economic and political melt-down the country is suffering a serious humanitarian crisis that has impoverished the community, encouraging risky sexual coping strategies and severely undermined the countries health delivery system, all which work to threaten the success achieved so far in the battle against HIV/AIDS.

It is generally acknowledged that development is impossible in the absence of true democracy, respect for human rights, peace and good governance1 Good governance and human rights are mutually reinforcing. In turn, ‘good governance and good public administration are essential aspects of democracy and for achieving democracy a freely functioning, well organised, vibrant and responsible civil society is indispensable.’Democracy presupposes free elections, functioning political parties, independent media and active civil society organisations (CSOs) that can operate freely.4 Human rights are better promoted and protected in a democratic system.5 Accordingly it is submitted that a measure taken by a government which undermines key elements and role players of such a system tends to undermine the protection and promotion of human rights. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010. / A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Mrs. Christina Dowuona-Hammond at the Faculty of Law, University of Leyon, Ghana. 2010. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

International human rights laws are grossly violated by the hudud ordinances, with their extremely cruel punishments, including stoning for adultery, beheading for apostasy, and amputation for theft. Pakistan, Sudan, Brunei Darussalam and Saudi Arabia, for example, follow the doctrines of the four main Sunni schools of jurisprudence and enforce hudud ordinances, thereby violating some of the core international human rights law instruments to which they are State Parties. Orthodox Muslims generally defend the hudud ordinances, claiming that they are divine and immutable. This study refutes the aforementioned claim and demonstrates that it is legitimate and possible to reform hudud punishments to reconcile them with international human rights law. The thesis differentiates between Shariah and Islamic law. It argues that Shariah refers to the divine rulings recorded in the Qur'an and correct Sunnah, while Islamic law is not fully divine, for it includes also such prescriptions that have been developed by the human effort of Islamic jurists. The thesis demonstrates that reformation is an Islamic concept that requires that Muslims read the teachings of the Qur'an and the Sunnah in the context of their own time and environment. It is postulated, therefore, that the rulings of Islamic law need to be examined in the light of the Qur'an, the correct Sunnah and the Islamic core values promoted in them. These include several internationally protected human rights, such as the right to life, equality, and freedom of religion. The thesis points out that the main purpose of Shariah is to serve the benefit of the people and to protect them from harm. To this end, Shariah has provided the Islamic principles of reality and necessity. These require that the reality of life and the needs of the people be considered at all times. If necessary for the sake of the people, the principles allow for exceptions to be made to even definite provisions. It, further, demonstrates how these principles can be applied to reform the hudud ordinances to reconcile them with international human rights law.

Mini Dissertation (MPhil (Human Rights and Democratisation in Africa))--University of Pretoria, 2021. / Centre for Human Rights / MPhil (Human Rights and Democratisation in Africa) / Unrestricted

Mini Dissertation ((LLM) Human Rights and Democratisation in Africa)--University of Pretoria, 2021. / Canon Collins Educational and Legal Assistance Trust / European Union / Centre for Human Rights / (LLM) Human Rights and Democratisation in Africa / Unrestricted

This dissertation investigated the doctrine of the responsibility to protect (R2P), which was unanimously endorsed at the 2005 UN World Summit by all the UN Member States. I determined the status of R2P in public international law. I found that, although the 2005 UN World Summit Outcome Document is not a source of international law, the responsibility to protect contained therein under paragraph 138, reiterated the existing international legal obligation of states to protect their populations from genocide, crimes against humanity, war crimes and ethnic cleansing. I have argued that if a state fails to fulfil its legal obligation to protect its population from mass violations of human rights, the principle of state sovereignty and its accompanying norm of non-intervention cannot prevent the international community from responding appropriately to protect the population of that state. But the international community does not have a legal obligation on how it should respond to situations of human rights violations. However, the responsibility to protect as contained in paragraph 139 of the 2005 UN World Summit Outcome Document and the constitutive documents of organizations such as the United Nations, the African Union and the Economic Community of West African States (ECOWAS) have given authority to the international community to intervene in their member states in order to protect populations from mass atrocity crimes. On that basis, the responsibility to protect on the part of the international community exists. But the international community retains the discretion to decide on whether it should respond and how it should react to situations that fall within the scope of R2P. I used the three pillars of the responsibility to protect, contained in the 2009 report of the UN Secretary General to determine how the responsibility to protect was implemented in Nigeria to protect the population from crimes against humanity and war crimes perpetrated by members of the Islamic extremist militant group called Boko Haram. I analyzed various measures taken by the Nigerian government, the United Nations, the African Union, and the Economic Community of West African States (ECOWAS) and concluded that the measures taken were not effective in defeating Boko Haram. Hence, I found that the responsibility to protect was not successfully implemented in Nigeria.

Includes bibliographical references / 2015 signals the end of the Millennium Development Goals. Amidst the present reflection on, and analysis of, the progress of the implementation of the current development agenda, the draft post-2015 SDGs are in the final stages of their development. With the imminent adoption of the new goals by UN Member States in September 2015 the post-2015sustainable development agenda aims to integrate the principle of sustainability in order to continue the global drive for economic and human development within environmental limits. Through a comparative analysis of the Millennium Development Goals, the draft post-2015 Sustainable Development Goals as well as the documents that have contributed to their development, this paper critiques the manner in which the human rights of women have been, and will continue to be, addressed by the global development agenda. Additionally, using the African continent as a case study, this dissertation exposes the role played by regional political and human rights systems on the implementation of the global intention. Neglecting to adequately promote and protect the human rights of women in the continent reflects a lack of consideration for the interconnected nature of socioeconomic and environmental development and has wider consequences globally.

There are approximately 65.3 million forcibly displaced people in the world. A large majority of these people are internally displaced. Of the 40.8 million internally displaced persons' (IDPs) worldwide, Nigeria had a total of 1,955,000 IDPs at the end of 2016. Consequently, Nigeria is among the countries with the highest number of displaced persons globally. A wide range of political, economic, social, and environmental factors, including poverty, corruption, and internal armed conflict, affect the population in Nigeria and contribute to internal instability. Thus, as Nigeria represents a complex and multi-layered situation of internal displacement, it makes for an interesting case study to understand international protection of IDPs. This dissertation asks whether the current protection of IDPs' right to physical security in Nigeria complies with international human rights standards. The current international legal framework in place for the protection of IDPs is relatively extensive, and undergoes continuous development. The United Nations Guiding Principles for the Protection of Internally Displaced People and the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), as well as general human rights mechanisms, comprehensively set out the rights and guarantees for the protection of the physical security of IDPs. Although there has been great improvement in recent years relating to the legal protection of and assistance to IDPs, the de facto implementation and enforcement of these frameworks in Nigeria is not in full compliance with international human rights standards.

Uganda is Africa's largest refugee hosting country and third in the world with more than 1.25 million refugees as of June 2017. The majority of refugees there are children. Uganda's refugee regime and hospitality date back to the days of World War II, prior to the country's independence, when it hosted refugees from European countries. Since then, the country has generously continued to open its borders to anyone seeking international protection and assistance mainly from the conflict affected countries in the East, Horn and Great Lakes Region of Africa. In compliance with the 1951 UN Convention and its 1976 Protocol Relating to the Status of Refugees and the OAU 1969 Convention Governing the Specific Aspects of Refugee Problems in Africa, Uganda enacted the Refugees Act No.21 of 2006 and the Regulations Act of 2010 to effectively manage refugee needs. The increase in the number of refugees in Uganda amidst the limited resources at its disposal poses serious challenges in meeting its international obligation to safeguard the rights of refugee children's access to education. This thesis examines the country's responsibility under international law to protect, promote and fulfil the right to access education for refugee children, particularly aimed at understanding the challenges of provision of education to strengthen multi-level response. Research finds international and regional instruments sufficient for the protection and guarantee of education for children. However, the main refugee treaties fail to adequately provide the right to education for refugee children. The UN Convention Relating to the Status of Refugees has provision for education rights but makes no reference to refugee children while the OAU 1969 Convention Governing the Specific Aspects of Refugee Problems in Africa provides neither the right to education nor rights to children specifically. The analysis of Uganda's policy and laws on safeguarding refugee children's right to education revealed glaring shortfalls. The laws fail to provide adequate protection to refugee children's education rights. Notwithstanding the existence of an enabling legal and policy framework in Uganda that ensures access to education for nationals, refugee children continue to face legal and structural barriers in accessing post-primary education. The paper shows that both international and national laws guaranteeing the right to education for refugees limits the extent to which it is exercised. At national level, this is not only discriminatory but also inconsistent with the provisions of the Constitution of Uganda relating to education and child rights.