M.A. / A child cannot be treated like an adult in many way. Therefore, the approach towards children in all respects of human life are totally different from that of adults. In the field of rights too, the child is vulnerable and often is unaware of his rights given the age, let alone fighting for them. While an adult often fights for his rights, a child requires some sincere person in authority to identify the rights of children, and implement it for them. This thesis aims to introduce to the scholar the intricate and careful approach a society and an individual should have towards that sensitive child. This being the case, children's rights are sometimes manipulated against them by their guardians or those having direct access or influence over them . The severity of this abuse can be gauged from the fact that, whereas the damage of an external attack can be ascertained, the damage left by internal abuse of children cannever be ascertained, and is thought to leave lifelong physical as well as emotional scars. The need to protect children against such a background in this day and age is as acute as ever. The necessity of a work of this nature fills the void in the human rights arena towards defenceless children and provides ammunition to combat abuse, while not actually delving into the aspect of childabuse. The main thrust of this thesis is to highlight the attitude of Islam towards children from the pre-Prophetic times of the Holy Prophet of Allah, Muhammad ibn `Abdullah sallallahu alaihi wa sallam, to modern times. To what extent has the shari`ah of Islam attached importance to the identifying and implementing of children's rights, and for that matter, what is the true status of a child in Islam to be accorded with such numerous protection and rights. It may be argued that this thesis would have been much more fruitful had the aspect of child-abuse been also included. In response, child-abuse is another dissertation of its own and by only educating on the rights of children, child-abuse can be easily identified if these are denied or withheld from any child. It can be safely said that in this fast changing times, the adage of the jungle law survival of the fittest most aptly applies. Not so with the case of children, who have not the makings and capabilities of surviving in a world which they expect their very abusers to reveal to and make comfortable and safe for them. Those in authority got to protect them, and reveal a generation of children untarnished by an abusive background or badly illusioned mode of thinking.

M.A. (Social Work) / Please refer to full text to view abstract

In this research study, the researcher investigates obstacles faced by news journalists in investigative journalism in a democracy as experienced in Botswana. Investigative journalism and democracy have a symbiotic relationship. This relationship serves to make the public sensitive about, and aware of, injustices and undemocratic practices and it could, ultimately, contribute significantly to the process of democratization (Faure 2005: 155). Unfortunately, in their endeavor to keep up with the ethos of investigative journalism, journalists meet obstacles that range from legal to financial issues. The author investigates those factors that reporters in Botswana rate as having the greatest impact on their investigative efforts. The study also assesses the attitudes of journalists in the country towards the roles and responsibilities of the fourth estate, which supports investigative reporting. Investigative journalism is centered on disclosure, described by six elements: public interest, theme, accuracy, follow-up reports, consequences and questioning the status quo (Faure 2005:160; Marron 1995:1). The researcher interrogated the current practice of investigative journalism in newsrooms in the Botswana context, by means of a self-administered questionnaire. A cumulative sum of scores of each rank order for each obstacle was used to observe the one rated the most impeding by Botswana journalists. Elementary descriptive statistics in the form of percentages were used to assess attitudes of Botswana journalists towards investigative journalism. The same method was used to assess the proportion of investigative stories in four sampled Botswana newspapers. The contents of the respective newspapers were assessed against the five elements of investigative reporting that include: theme, public interest, questioning the status quo, accuracy, follow-up reports and consequences.

Maria Maori Motuhake or Maori self determination is developing into one of the most pressing political and legal issues in modern New Zealand. The Maori struggle for recognition of that right is a long one. It began with contact with British colonisers, and has continued in different forms throughout New Zealand's history. The following thesis suggests that that struggle is one which the Maori share with Indigenous peoples throughout the world. The recognition in law of Mana Maori Motuhake in New Zealand will come from an understanding, by both Maori and Pakeha, of the international nature of that struggle. Accordingly the essential purpose of this thesis is to put the issue of Maori rights into an international and colonial perspective. In Part I, the question of Indigenous self determination is discussed in the context of historical and contemporary developments in international law. It is concluded firstly that there is room for the proposition that a right of Indigenous self determination can be drawn from the current state of international law. Secondly, it is argued that recent developments in the United Nations suggest positive recognition of that right will occur in the near future. In Part II, the development of colonial law in the United States, Canada and New Zealand add a further dimension to this international perspective. In this part parallel developments in the three countries are highlighted to prove the 'indivisibility' of colonialism, and the inexorable development in modern law toward recognition of the 'colonial paradigm'- Native title and Native sovereignty. / Law, Peter A. Allard School of / Graduate

When the Metis were included in section 35 of the Constitution Act 1982, Metis leaders were euphoric. With the constitutional recognition of the Metis as on of the three Aboriginal peoples of Canada and the protection of Metis Aboriginal rights in section 35 of the Constitution Act, 1982, it was thought that the battle for recognition was over. Surely the next step would be the federal government's recognition of its jurisdiction for the Metis and the recognition by the courts and the Crown that Metis have Aboriginal rights that can be exercised along with those of the Indians and the Inuit. But Metis expectations were short lived. More than twenty years later, Canada refuses to recognize it has legislative jurisdiction for the Metis, arguing that Metis are a provincial legislative responsibility. And both the federal and provincial governments have failed to conduct themselves in keeping with the principle of the "honour of the Crown" because they consistently deny that Metis have Aboriginal rights. Whenever Metis harvesters attempt to exercise their rights, the Crown is there as a game warden, prosecutor or jailor, but never as a fiduciary to maintain the Crown's honour. The Crown often argues that without a clear understanding of Metis definition and identity, Metis Aboriginal rights would be too difficult to administer. More importantly, the Crown has argued that if Aboriginal rights are linked with pre-contact customs practices and traditions, the Metis could not possibly meet the Aboriginal rights test that has been established by the courts. But then came the decision in R. v. Powley making it clear that the Metis are a distinct people, separate from the Indians and the Inuit, with Aboriginal rights flowing from the customs, practices and traditions of Metis communities that emerged subsequent to the period of first contact, and prior to the exercise of "effective control" by the Crown. The Supreme Court of Canada found in favor of Powley by using a "purposive" approach in the analysis of Metis Aboriginal rights and by not mechanically applying the section 35 justification analysis. The purpose of this thesis is to develop a core set of principles that can be used as a framework for a purposive analysis of Metis Aboriginal rights. The principles support the propositions that: Metis fall within the exclusive legislative jurisdiction of the federal government; that Metis have Aboriginal rights that are recognized and affirmed by section 35; and, that Metis Aboriginal rights are immunized from the application of provincial wildlife regulations because of the doctrine of interjurisdictional immunity. / Law, Peter A. Allard School of / Graduate

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