My thesis is that Indigenous peoples, as distinct people, are entitled to the full affirmation and explicit recognition of the right to self-determination in the context of the draft U N Declaration on the Rights of Indigenous Peoples and in international law generally. The international community, and in particular, the nation-state members of the United Nations must uphold their legally binding international obligations in this regard. My methodology has been to utilize the human rights framework and approach, as well as rights discourse to advance this thesis. In addition, I am relying upon my direct participation in this important standard setting process, as well as the writings of various publicists. The right of peoples to self-determination is considered by numerous international authorities to be jus cogens or a peremptory norm. Similarly, the prohibition of racial discrimination is considered by numerous authorities to be a peremptory norm. Throughout the draft Declaration debate, a number of states have proposed wording that would dramatically alter the scope and content of the right to selfdetermination, thereby limiting, qualifying or modifying this right in the context of indigenous peoples. Any state proposals to qualify, limit or modify the right of indigenous peoples to self-determination would be racially discriminatory. If Article 3 of the draft Declaration were to be altered - even to include the same or similar notions as might currently exist under international law - it would invite interpretations to be applied to indigenous peoples' right to self-determination that are different from those of other peoples. It might also have the effect of wrongfully freezing the interpretation of this indigenous human right, in such a manner as to prevent or otherwise stifle its natural evolution under international law. If there is no equality of application of the rule of law in the context of international law and states succeed in introducing discriminatory double standards in connection to indigenous peoples and their fundamental right to self-determination, then the failure of the human rights framework, the United Nations system and nation-states themselves will seriously erode the very concepts of democracy, human rights and the rule of law. / Law, Peter A. Allard School of / Graduate

In this thesis I explore the implications of the extension of 'spousal' status to samesex couples from the perspective of queer people who experience intersectional or complex oppression. This study is grounded in a rejection of the necessity or efficacy of attempting to understanding the oppressions facing queer people from only one perspective. I reject the notion that such a simplistic approach to understanding oppression is conceptually honest. Put simply, I argue that what is often characterised as a purely 'gay and lesbian' approach to reform—namely, the consideration of only oppression related to 'sexual orientation' or 'heterosexism'—is in reality the prioritisation of the limited perspective of those who only experience systemic disadvantage related to their race. These people are a small minority of queer people. Unlike many other academics and activists, I do not conclude with a 'yes' or 'no' response to the question of whether same-sex spousal status should be sought. The analysis presented in this thesis does not permit such a final conclusion for three reasons. First, I argue that the implications of the extension of spousal status vary depending on the institutional context; in other words, the extension of spousal status is very different in the context of social assistance law as compared to the provision of employment-related benefits. Secondly, I argue that the extension of spousal status also varies among queer people; for example, the implications of the extension of spousal status to poor queers are vastly different from those who are wealthy. Thirdly, I argue that the decision to support the extension of spousal status to same-sex couples is inherently political; this decision cannot be immunised from political challenge on the basis that it is derived from some allegedly objective legal or socio-scientific calculus. Although I have endeavoured adopt a inter-disciplinary approach, this thesis does focus on legal rights discourse. To my mind, this focus is appropriate given the emphasis on 'rights talk' and the assumed benefits of formal equality within the community of academics and activists working on queer issues. In various parts of this thesis, I focus on the approaches of activists, academics, judges and legislators to the issue of the rights of queer people and the nature of equality. Ultimately, I conclude that until we begin to appreciate the complexity of the oppressions facing queer people, and avoid the false prioritisation of a 'purely gay and lesbian oppression' perspective, we will be unable to work in coalition or to effect progressive social change. / Law, Peter A. Allard School of / Graduate

<p>The protection of the rights of sexual minorities in Africa is a controversial issue. It is not unusual to find newspaper reports on gross violations suffered by this minority group. Gays and lesbians are victims of violence, sometimes resulting in death. Sexual minorities in Africa are often confronted with government actions such as those of the Nigerian government that recently submitted to the parliament a Bill to make provisions for the prohibition of relationships between persons of the same sex, celebration of marriage, registration of gay clubs and societies and publicity of same sex relationships. The objective of this study was to suggest possible legal protection and recognition of sexual minority rights under the African human rights system.</p>

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<p>The protection of the rights of sexual minorities in Africa is a controversial issue. It is not unusual to find newspaper reports on gross violations suffered by this minority group. Gays and lesbians are victims of violence, sometimes resulting in death. Sexual minorities in Africa are often confronted with government actions such as those of the Nigerian government that recently submitted to the parliament a Bill to make provisions for the prohibition of relationships between persons of the same sex, celebration of marriage, registration of gay clubs and societies and publicity of same sex relationships. The objective of this study was to suggest possible legal protection and recognition of sexual minority rights under the African human rights system.</p>

In this thesis I argue that race, culture and imperialism intersect with gender at the site of refugee law to produce 'racialized and exotic others.' These exotic others are refugee women whose differences from refugee decision makers in destination countries are made crucial to their refugee claims by refugee lawyers, decision makers and the system of refugee determination. I use a comparative methodology to examine the gender guidelines for refugee decision makers and selected key cases from Canada, the United States and Australia. The gender guidelines represent a human rights approach to refugee law. I critique the guidelines and relevant cases from an anti-essential ist perspective informed by postcolonial, feminist and critical race theory. My discussion is organized by contrasting 'exotic harms,' transgression of social mores and female genital cutting, with treatment of 'familiar harms', domestic violence and sexual assault. I aim to show how the distinctions between the exotic and the familiar are founded on orientalist notions about other women in other places. I seek to suggest strategies for refugee advocates, decision makers and academic lawyers to avoid perpetuating orientalist notions of other countries and other cultures. I conclude, however, that refugee law is a limited project whose solutions to the problems faced by refugee claimants can only ever be incomplete. / Law, Peter A. Allard School of / Graduate

Die navorsingsondersoek is toegespits op tug en straf as agogiese fenomene. Besinning oor tug en straf in pedagogiese, juridiese en ander lewensituasies bring die verband tussen modi van menswees en oorsake van oortredings aan die lig. Juridies-agogiese aspekte van tug is met die pedagogiese vergelyk. 'n Bespreking van tersaaklike statutere bepalings ten opsigte van tugmaatreels en lyfstraf in die onderwyssituasie het aan die lig gebring dat lyfstraf met die grootste versigtigheid en verantwoordelikheid toegepas moet word. Menseregte, strafteoriee wat die doel van straf aandui en alternatiewe vir lyfstraf wat die menswaardigheid van die oortreder bewaar, word bespreek. 'n Moontlike verloop van die strafhandeling is aan die lig gebring. Hierdie verloop beklemtoon dat straf, en veral lyfstraf, nie noodwendig deel van tug hoef te wees nie, omdat tug 'n begeleidingshandeling is. / The research concentrated on discipline (admonishment) and punishment as agogic phenomena. Consideration of discipline and punishment in pedagogic, judicial and other situations in life discloses the connection between modes of being human and reasons for transgressions. Judicial-agogic discipline are compared to pedagogic aspects. A discussion of relevant statutory stipulations relating to disciplinary measures and corporal punishment should either be applied with the greatest care and responsibility or else abolished. Human rights, punishment theories specifying the aim of punishment, and alternatives for corporal punishment which maintain the human dignity of the transgressor are discussed. A possible course of punitive action is revealed. This course stresses that punishment, especially corporal punishment, need not necessarily be part of discipline because discipline is accompaniment. / Educational Studies / M. Ed. (Fundamentele Pedagogiek)

Text in Afrikaans / This study aims at determining the value which is attributed to a wife's household actions in terms of section 7(3)-(6) of the Divorce Act 70 of 1979. The nature, quantity and quality of a wife's contribution are discussed on the basis of various decided cases and on the basis of factors which influence the extent of the redistribution of assets. The comments of various writers on sections 7(3)-(6) of the Divorce Act 70 of 1979 are also discussed. Since there are few decided cases in South Africa which are relevant to this study, a number of foreign legal systems are looked at by way of comparison to determine possible directional trends with regard to the value of a wife's services in the household. / Die doel van hierdie studie is om die waarde van die vrou se dienste in die huishouding te bepaal binne die konteks van eise ingevolge artikels 7(3)-(6) van die Wet op Egskeiding 70 van 1979. Die aard, kwantiteit en kwaliteit van die vrou se bydrae word bespreek aan die hand van regspraak en aan die hand van faktore wat 'n invloed op die omvang van die herverdeling van bates het. Verskeie outeurs se kritiek teen artikels 7(3)-(6) van die Wet op Egskeiding 70 van 1979 word ook bespreek. Aangesien daar in die konteks van hierdie studie min Suid-Afrikaanse regspraak is, word 'n aantal buitelandse regstelsels vergelykenderwys bespreek om moontlike rigtinggewende neigings ten opsigte van die waarde van die vrou se dienste in die huishouding te bepaal. / Private Law / LL. M.

<p>This paper sought to discuss the questions whether refugees have the right to return to their country of origin and whether their participation in the political life of that country may be used as a means to realise their right to return.</p>

In a 3-year timeframe, nearly 800 student negligence suits were filed, and most involved some claim of personal injury. Despite heightened public attention of negligence lawsuits against school districts and their employees, an empirical study of court decisions revealed that the volume of litigation against school districts remained steady from 1990 to 2005, the majority of cases were ruled in favor of the school district employees, and government and official immunity were most often the basis for these rulings. Researchers have concluded that immunity laws are strong in the United States, although they vary by state in their application. However, a primary recommendation was that, because of the misconception of a lack of immunity for public school employees, a comprehensive study on governmental and official immunity is needed. This dissertation employed legal research, analysis, and methodology to engage in a comprehensive investigation of teacher immunity in the four southern states of Texas, Oklahoma, Mississippi, and New Mexico. Of central concern to this dissertation was the Tort Claims Act of 1978 from the State of New Mexico. The Tort Claims Act is the vehicle by which immunity is granted to public school employees. Court findings over the last 35 years point to three primary domains under which cases pertaining to immunity fall: negligence (62.5%), evaluation and supervision (16.7%), and student discipline (8.3%). Immunity appears strong across all three domains; however, only future studies on cases by state will determine whether states in the southwest United States are the norm or an anomaly.