A major objective of the Human Rights Act (HRA) was to bring about a culture of rights in the UK. Its introduction fore-grounded questions about the use of rights to advance social justice issues and was the impetus for this research. At about the same as the Act came into effect another law, Section 55, an antithesis of what the HRA promised, was passed which forced thousands of asylum-seekers into destitution. Section 55 became a major battleground pitting non-governmental organisations (NGOs) against the Home Office in a three-year long campaign, characterised by rancour and viciousness, unlike any in recent memory. The NGOs, with the new HRA as a key part of their strategy, defeated the legislation. This thesis, a bottom-up case study of rights at work, examines the role of rights in the campaign to assess (1) if rights brought about social changes and (2) is a culture of rights developing in the UK? The paper first considers the various theoretical frameworks on rights and social change and analyses various case studies of rights at work. Context is important; therefore, it also examines how asylum has come to be framed in present-day discourse, with an overview on the evolution of welfare as a coercive measure. The study, framed against current events of the day, concludes that while test-case challenges eventually defeated Section 55 welfare as a coercive measure continues. In short, the HRA has proven to be ineffective against illiberal policies and the development of a culture of rights, insofar as asylum is concerned, has stalled. And it has happened with deliberation by a government determined to be tough on asylum irrespective of the HRA.

Thesis (doctoral), Universität, Düsseldorf, 2006. / Includes bibliographical references (p. 245-257).

<p>This paper is about the reparations regime of the International Criminal Court and reparations possibilities for victims of sexual violence. It will contain a legal analysis of the reparations system of&nbsp / the Court, including the Trust Fund for Victims of the International Criminal Court. In a second step, the needs of women who experienced conflict related violence will be examined. The central&nbsp / &nbsp / question, which this paper will try to answer, is whether the ICC reparations regime has the ability to provide gender-sensitive reparations and thus make a contribution to the improvement of&nbsp / women&rsquo / s lives in post-conflict societies.</p>

<p>This paper is about the reparations regime of the International Criminal Court and reparations possibilities for victims of sexual violence. It will contain a legal analysis of the reparations system of&nbsp / the Court, including the Trust Fund for Victims of the International Criminal Court. In a second step, the needs of women who experienced conflict related violence will be examined. The central&nbsp / &nbsp / question, which this paper will try to answer, is whether the ICC reparations regime has the ability to provide gender-sensitive reparations and thus make a contribution to the improvement of&nbsp / women&rsquo / s lives in post-conflict societies.</p>

Restorative Juvenile Justice This thesis is dealing with restorative juvenile justice. It aims to summarise and critically discuss this topic. It seeks to classify terms and theory used in order to help its readers with orientation throughout this issue as different terms and theories may often lead to unclarity and confusion. Subsequently it comes to a deeper analysis of selected parts. In particular, it examines international standards, describes thoughts of world-leading experts and eventually compares them and shows them on practical examples. Last but not least, it depicts selected theoretical foundations and draws connection between human life, inherent human nature, and use of restorative justice that is accepted as one of the main arguments for a higher effectivity in comparison to retributive justice. The thesis is divided into three parts. The first part deals with juvenile justice, children's rights and relevant international documents. The second part analyses restorative justice in general, compares different points of view and its types, and places it into a broader criminal justice framework. Furthermore, it looks at restorative justice from a more practical perspective by critically addressing the issue and providing practical examples. The third part focuses on the topic of this...

The goal of this study is to generate a more holistic picture of the diffusion and assimilation of universal human rights norms in diverse cultural and political settings such as the Middle East and North Africa (MENA). The overarching question to be investigated in this thesis is the relationship between the evolving international human rights regime and the emerging human rights normative and legal culture in the Middle East. This question will be investigated in detail with reference to regional human rights schemes such as the Arab Charter of Human Rights, as well as local human rights developments in three Middle Eastern states, Egypt, the United Arab Emirates, and the Islamic Republic of Iran. Having gauged the take-up of human rights norms on the ground at the local and regional levels, the thesis examines in full the extent of socialisation and internalisation of human rights norms across the Middle East region at large.

This study addresses the concept of fair governance based on an empirical study with marginalized groups, primarily Muslims, and their interaction with government agencies as its salient locus of investigation. Employing the research method of in-depth interviewing, I present a qualitative analysis of 35 semi-structured interviews with Muslims and government administrators. The methodological framework based on which these interviews are interpreted is rooted in the tradition of social constructivism as manifested in the grounded theory perspective of Charmaz. My examination of the hitherto unspoken political visions of the study participants and their shared perspectives offers pragmatic solutions to create greater equity and fairer inclusion of the marginalized in civic and political dialogues and in the administrative practice of government. Remarkably, the cultural changes towards justice and inclusion in the Government of British Columbia manifest that fair government is committed to creating a fundamental transformation in favour of marginalized groups. I find the most promising approach for such transformation occurs where bottom up and dynamic approaches of civil society are aligned with top down approaches of government to justice. The findings suggest that fair governance enhances its functionality and capacity through reflecting universal universalism in its policies and practices, heartening public spirituality and moving towards a more humane modernity rather than the extant western model of modernity. Thus, fair governance calls for diversity in expression of religious identity and challenges the mistaken images of Muslim women. Subsequently, fair government welcomes female religious actors, who act upon religious values, to its administration and respects their choice of clothing encompassing the scarf. Fair government, at all levels, ameliorates the ethical standards of its employees and employs authentic leaders, who act in a virtuous manner, care about employees’ deeply held values, and implement direct communication with staff. Such government supports legislative and constitutional reforms to consider a different outlook of the marginalized on political and social concerns, respects religious practices, honours Muslims’ identity and interpretation of life, and supports individuals who aim to improve humanity in Canada and its occupational settings. Rethinking Islamophobia in the context of the distinct need of government administrators for the institutional education about Islam, as a key finding of the study, depicts the emergence of “Islamoexploria”, as a new expression, which I coin. In my study, there is ample evidence to suggest that a sample of government administrators in British Columbia is in the age of post Islamophobia since they, as pioneers, have passed the stage of Islamophobia and entered a new era of “Islamoexploria”. Thus, they have produced the profound socio-cultural changes towards understanding Islam by shifting from fear of, ostensibly, the unknown to knowledge about the unknown and to approaches that are more sympathetic to Muslims. This finding suggests that fair government facilitates the journey from western Islamophobia, a demonstration of old racism, to “Islamoexploria”, a contemporary thirst for knowledge about Islam. Concurrently, Muslims remain responsible to contribute to fairness at large by role modeling their religious values, which greatly promote justice, compassionate attitudes, and humanitarian actions. / Graduate / 2022-12-07