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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
21

The social trust and leadership roles : revitalising duty bearer accountability in the protection of social and economic rights in Malawi and Uganda

Nkhata, Mwiza Jo January 2005 (has links)
"The relevance of social and economic rights to societal welfare and well-being need not be overemphasised. The quality of life enjoyed by the citizenry is directly related to the level of enjoyment of social and economic rights in any particular country. However, the enjoyment of social and economic rights is, in turn, largely predicated on the manner in which national resources are managed and directed towards obligations raised by social and economic rights. It is axiomatic, therefore, to devise a framework that ensures that managers of public resources operate within an environment where their actions in relation to the management of national resources are governed by transparency and accountability. In the light of the above, this study explores the relationship that exist between the social trust concept and leadership roles, particularly in as far as duty bearer accountability for social and economic rights is concerned. The study argues that social trust based devices can be used to enhance duty bearer accountability in relation to social and economic rights and that such increased duty bearer accountability will automatically serve to better the welfare of the citizenry. The viability of recognising and enforcing social trust based accountability mechanisms is highlighted by exploring its relevance to Malawi and Uganda. The crux of the study is that public functionaries must always be amenable to censure by the citizenry if diligence is to be infused in the performance of their duties and the social trust concept offers adept mechansisms for achieving this." -- Abstract. This study consists of five chapters. Chapter one provides the context and foundation of the study. Chapter two is devoted to explaining the nature and scope of the social trust concept and how it can validly, if at all, be extended into the public law realm. Chapter two also expounds on some basic concepts employed in the study. Chapter three is aimed at providing and understanding of leadership roles and explaining their relevance to social economic rights. Briefly put, chapter three explores the interface between social economic rights and social trust based leadership roles. Chapter four discusses the benefits of revitalising a social trust based conception of leadership roles particularly by highlighting why Malawi and Uganda need social trust based leadership roles. The chapter also outlines how the benefits of a revitalised duty bearer accountability can be realised. Chapter five will present the study's conclusions and recommendations." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005. / Prepared under the supervision of Dr. Ben Twinomugisha at the Faculty of Law, Makerere University, Uganda / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM
22

The recognition and implementation of children's socio-economic rights in Ethiopian law / Abreham Behailu Gebreamanuel

Gebreamanuel, Abreham Behailu January 2014 (has links)
This research examines the current recognition and implementation of children’s socio-economic rights in Ethiopian law. Ethiopia has ratified international instruments of children’s rights, to wit, the Convention on the Rights of the Child and the International Convention on Economic, Social, and Cultural Rights as well as regional instruments such as the African Charter on the Rights and Welfare of the Child and these instruments are made to be part of the Ethiopian law. However, there is neither a translation nor publication of these instruments and these facts obstruct their implementation, as the working language of domestic courts is different from the language of the instruments. Ethiopia also does not incorporate children’s socio-economic rights in its Constitution. Neither does it have separate legislation on children’s rights. Despite the commitment shown by its ratification of international children’s rights instruments, Ethiopia has not yet done anything meaningful towards the realisation of children’s socio-economic rights. Mere ratification of international instruments cannot rectify the lifelong hardship of Ethiopian children without actual implementation. Hence, this dissertation discusses the incorporation of children’s socio-economic rights in the Federal Democratic Republic of Ethiopia’s Constitution, domestication of international children’s rights instruments and the lack of a separate act outlining children’s rights in the Ethiopian legal system in order to establish why current child law in Ethiopia does not solve the suffering of Ethiopian children. The current reality with regard to children’s socio-economic rights in Ethiopia is not an insurmountable hurdle. This dissertation recommends translation into the domestic working language of Ethiopian courts and publication of international children’s rights instruments in order to ease the problem regarding awareness of the laws, as well as their status and validity. Ethiopia could enact a separate act for children’s rights, as well as enshrine the socio-economic entitlements of children in its Constitution. The South African experience is also worthy of consideration. Ethiopian courts should interpret domesticated international instruments by relying on the FDRE Constitution as a legal ground. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014
23

The possibility of declaring education as an essential service in terms of the Labour Relations Act / Natachia Prinsloo

Prinsloo, Natachia January 2014 (has links)
In South Africa teachers are currently allowed to strike. This leads to numerous problems, as learners are left without an educator and their Constitutional right to basic education is infringed upon. This has an impact on university acceptance and impairs the socio-economic growth in the country, especially when taking into account the history of prejudice as regards education in South Africa. This dissertation considers whether or not education should be declared as an essential service in terms of the Labour Relations Act 66 of 1995, as sectors declared as such are not awarded the right to strike. In order to determine whether education should be designated as an essential service, the right to strike and the right to education as enshrined in the Bill of Rights in the Constitution of the Republic of South Africa, 1996, have to be balanced or weighed up against each other. By declaring education as an essential service it will ensure that the latter right is more adequately realised, in turn having a positive impact on the development of South Africa. In declaring education an essential service, educators will not be left without remedy as other remedies (which do not impair the rights of learners) do indeed exist and will be available to said educators in accordance with relevant legislation and provisions. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015
24

The recognition and implementation of children's socio-economic rights in Ethiopian law / Abreham Behailu Gebreamanuel

Gebreamanuel, Abreham Behailu January 2014 (has links)
This research examines the current recognition and implementation of children’s socio-economic rights in Ethiopian law. Ethiopia has ratified international instruments of children’s rights, to wit, the Convention on the Rights of the Child and the International Convention on Economic, Social, and Cultural Rights as well as regional instruments such as the African Charter on the Rights and Welfare of the Child and these instruments are made to be part of the Ethiopian law. However, there is neither a translation nor publication of these instruments and these facts obstruct their implementation, as the working language of domestic courts is different from the language of the instruments. Ethiopia also does not incorporate children’s socio-economic rights in its Constitution. Neither does it have separate legislation on children’s rights. Despite the commitment shown by its ratification of international children’s rights instruments, Ethiopia has not yet done anything meaningful towards the realisation of children’s socio-economic rights. Mere ratification of international instruments cannot rectify the lifelong hardship of Ethiopian children without actual implementation. Hence, this dissertation discusses the incorporation of children’s socio-economic rights in the Federal Democratic Republic of Ethiopia’s Constitution, domestication of international children’s rights instruments and the lack of a separate act outlining children’s rights in the Ethiopian legal system in order to establish why current child law in Ethiopia does not solve the suffering of Ethiopian children. The current reality with regard to children’s socio-economic rights in Ethiopia is not an insurmountable hurdle. This dissertation recommends translation into the domestic working language of Ethiopian courts and publication of international children’s rights instruments in order to ease the problem regarding awareness of the laws, as well as their status and validity. Ethiopia could enact a separate act for children’s rights, as well as enshrine the socio-economic entitlements of children in its Constitution. The South African experience is also worthy of consideration. Ethiopian courts should interpret domesticated international instruments by relying on the FDRE Constitution as a legal ground. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014
25

The possibility of declaring education as an essential service in terms of the Labour Relations Act / Natachia Prinsloo

Prinsloo, Natachia January 2014 (has links)
In South Africa teachers are currently allowed to strike. This leads to numerous problems, as learners are left without an educator and their Constitutional right to basic education is infringed upon. This has an impact on university acceptance and impairs the socio-economic growth in the country, especially when taking into account the history of prejudice as regards education in South Africa. This dissertation considers whether or not education should be declared as an essential service in terms of the Labour Relations Act 66 of 1995, as sectors declared as such are not awarded the right to strike. In order to determine whether education should be designated as an essential service, the right to strike and the right to education as enshrined in the Bill of Rights in the Constitution of the Republic of South Africa, 1996, have to be balanced or weighed up against each other. By declaring education as an essential service it will ensure that the latter right is more adequately realised, in turn having a positive impact on the development of South Africa. In declaring education an essential service, educators will not be left without remedy as other remedies (which do not impair the rights of learners) do indeed exist and will be available to said educators in accordance with relevant legislation and provisions. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015
26

Majetková práva autorská / Economic rights in copyright

Kmoníčková, Klára January 2015 (has links)
- Economic rights in copyright The theme of this thesis are economic rights in copyright. They are one of two categories which compose the content of copyright. The second category is called copyrights related to personality. These two categories of copyright can not be separated by exact borderline - economic rights in copyright include economic component, and vice versa. Economic rights in copyright are rights which have economic importance for their right holder. Economic rights in copyright can be divided into two main categories: exploitation right (in wide sense) and other economic rights in copyright. Exploitation right in wide sense include exploitation right and right of granting licence to other person. The aim of my thesis is to analyse and summarize contemporary situation of a legislation regulating economic rights in copyright and institutes relating to them. The thesis is composed of six chapters. The purpose of Chapter One is to explain what is a content of copyright and to briefly describe economic rights in copyright and copyrights related to personality in two parts of this Chapter. Chapter Two of the thesis is called economic rights in copyright. This chapter is subdivided into five parts. First part deals with influence of a definition of concept ,,thing" in New Civil Code upon...
27

The right to water in the constitution and sustainable development in South Africa

Ncube, Kukhanya January 2018 (has links)
Magister Philosophiae - MPhil / The South African Constitution, 1996 has placed the right to sufficient water as a Constitutional right. The provision of this right by the Constitution intends to redress the violation of human rights, to ensure that South Africa’s scarce water resources are protected from pollution and that every South African, including the poor and the marginalised, enjoys them. Consequently, the Constitution has placed a legal obligation on the government to realise the right to have access to sufficient water. In order for the government to fulfil its obligation to provide water as a right for present and future generations, it will need to implement the relevant legislation effectively to protect the country’s water resources. This study analyses Section 27 of the Constitution, which provides for the right to access to water, and the role of sustainability in conserving and protecting water resources, given the recurring water challenges.
28

A critical analysis of the impact of the fast track land reform programme on children’s right to education in Zimbabwe

Muyengwa, Loveness January 2013 (has links)
No description available.
29

Die grondwetlike beskerming van sosio-ekonomiese regte in Suid-Afrika : 'n teologies-etiese perspektief / Heinrich Martin Zwemstra

Zwemstra, Heinrich Martin January 2003 (has links)
On legal-philosophical grounds the constitutional protection of socio-economic rights has been the subject of much debate. The question is whether socio-economical rights should be protected by a constitution and, if so, to what extent. In this study a theological-ethical evaluation is done about socio-economical rights and the protection thereof. This is done by examining certain Biblical themes and parts of Scripture of the Old and New Testament. From this investigation it is clear that socioeconomical rights are very important human rights that must be protected as effectively as possible. Several points of view on the constitutional protection of socio-economical rights are investigated and evaluated. These points of view are based on legal-philosophical grounds and argue respectively against the constitutional protection of socioeconomical rights, the protection of socio-economical rights as directive principles and the protection of socio-economical rights as fundamental rights. From this investigation it is clear that in principle the constitutional protection of socioeconomical rights as fundamental rights is the most effective way to protect these rights. The current state of affairs with regard to socio-economical rights in the Constitution of South-Africa is also investigated and evaluated. From this investigation it is clear that the Constitution does protect certain socio-economic rights, but not all of them. The rights to labour, clothing and scientific progress do not occur in the Constitution. In principle the right to labour is a very important socio-economic right and it leads to the realization of other socio-economic rights. The Constitution of South Africa also has several measures in place to ensure the protection of socio-economic rights. In spite of these measures, the socio-economic rights in the Constitution remain little more than rights on paper. There state, private sector, church and each individual will still have to do a lot to ensure the protection of socio-economic rights in South-Africa. / Thesis (M.Th. (Ethics))--North-West University, Potchefstroom Campus, 2004.
30

A critical analysis of the impact of the fast track land reform programme on children’s right to education in Zimbabwe

Muyengwa, Loveness January 2013 (has links)
No description available.

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