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Religion, the Law and the Human Rights of Women in the Middle East: A Quantitative AnalysisBouhamdan, Tyra Murielle 06 April 2009 (has links)
The human rights of women in The Middle East and North Africa (MENA) have been a subject of unresolved debate among sociologists, economists, and political scientists alike, as this region’s gender related human rights performance remains uniquely weaker compared to other geographic regions in the world. Most notably, the human rights of women in the region have been lagging in the area of family law. The following paper assesses gender inequity in the MENA region from a legal perspective, with a focus on family law and legal pluralism, and with the intent to shed light on domestic legal institutions as means of influencing the economic and political status of women both in the Middle East and globally.
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The significance of article 24(2) of the UN Convention on the Rights of Persons with Disabilities for the right to primary education of children with disabilities: a comparative study of Kenya and South AfricaMurungi, Lucyline Nkatha January 2013 (has links)
<p>The UN Convention on the Rights of Persons with Disabilities (CRPD) is the latest human rights treaty at the UN level. The process leading to the adoption called attention to the plight of persons with disabilities, and redefined approaches to issues of disability. Fundamentally, the CRPD embodies a paradigm shift in thinking about disability. It embraces the social model of disability, in terms of which disability is a function of the interaction between a person with impairment and his or her environment as opposed to an inherent limitation of functioning. The social model is, in turn, anchored in a human rights approach to disability. No doubt, the adoption of the CRPD triggered immense optimism for the realization of the rights of persons with disabilities. One of the rights recognised under the CRPD is the right to education. Article 24(1) of the CRPD recognises the right of persons with disabilities to education and sets out the aims of such education. Article 24(2) sets out a number of principles to guide the implementation of the right. These include: non-exclusion from the general education system including non-exclusion of children with disabilities from free and compulsory primary education / access to inclusive quality and free primary education on an equal basis with other children in the communities in which children with disabilities live / reasonable accommodation of a student&rsquo / s needs / provision of support necessary to facilitate effective education / and provision of individualised support measures in environments that maximise academic and social development of the students with disabilities. It is generally accepted that the right to education is one of the most essential rights, particularly in light of its empowerment function that helps to facilitate the exercise of other rights. The primary level of education has particularly attained global recognition and priority in resource allocation and implementation. Primary education contributes significantly to the maximum development of the full human potential of children. There are therefore differentiated obligations for the right to primary education in international human rights. Nevertheless, there are still significant barriers to access to primary education, particularly in the African region. While children with disabilities have been excluded from education for a long time the world over, their exclusion in the African context is particularly endemic. The core purpose of this thesis is to determine how article 24(2) of the CRPD affects or is likely to affect primary education of children with disabilities, particularly in the context of developing countries. The focus of the enquiry is mainly the law and policy in this regard. The subject spans three main spheres of rights: children&rsquo / s rights, socioeconomic rights (particularly the right to education), and finally disability rights. Children&rsquo / s rights, especially since the adoption of the Convention on the Rights of the Child (CRC), are generally accepted. The right to education also has a long standing history, and whereas debate regarding the appropriate approaches to its implementation still abides, there is apparent normative and jurisprudential consensus on some aspects thereof, particularly at the primary education level. It is essential to determine the relational framework of these spheres with the disability rights established under the CRPD. The thesis finds that the CRPD does in fact redefine the parameters of the right to education as previously understood in international human rights instruments. Particularly, the expanded aims of education under article 24 call for education systems that recognise non-academic learning, such as the development of the talents or creativity of the learner. This provision is particularly significant to the child with disabilities. Also, while not establishing an entirely new right, the principles under article 24(2) establish actionable sub-entitlements that enhance the justiciability right to education for children with disabilities. However, it is apparent from the comparative studies that it is the implementation of these provisions that presents the greatest challenge for the realisation of primary education for children with disabilities. This suggests that whereas norm creation as under the CRPD may have the value of triggering and sustaining discourse on appropriate responses in the context of the education of children with disabilities, it is the translation of these norms into practical action points that is the determining factor for realization of the right.</p>
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A Doctrinal and Law and Economics Justification of the Treatment of Women in Islamic Inheritance LawsAlshankiti, Asma Unknown Date
No description available.
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A critical appraisal of the right to primary education of children with disabilities in MalawiChilemba, Enoch MacDonnell January 2011 (has links)
No description available.
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The Promotion of Access to Information Act: a blunt sword in the fight for freedom of informationEbrahim, Fatima January 2010 (has links)
No description available.
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The significance of article 24(2) of the UN Convention on the Rights of Persons with Disabilities for the right to primary education of children with disabilities: a comparative study of Kenya and South AfricaMurungi, Lucyline Nkatha January 2013 (has links)
<p>The UN Convention on the Rights of Persons with Disabilities (CRPD) is the latest human rights treaty at the UN level. The process leading to the adoption called attention to the plight of persons with disabilities, and redefined approaches to issues of disability. Fundamentally, the CRPD embodies a paradigm shift in thinking about disability. It embraces the social model of disability, in terms of which disability is a function of the interaction between a person with impairment and his or her environment as opposed to an inherent limitation of functioning. The social model is, in turn, anchored in a human rights approach to disability. No doubt, the adoption of the CRPD triggered immense optimism for the realization of the rights of persons with disabilities. One of the rights recognised under the CRPD is the right to education. Article 24(1) of the CRPD recognises the right of persons with disabilities to education and sets out the aims of such education. Article 24(2) sets out a number of principles to guide the implementation of the right. These include: non-exclusion from the general education system including non-exclusion of children with disabilities from free and compulsory primary education / access to inclusive quality and free primary education on an equal basis with other children in the communities in which children with disabilities live / reasonable accommodation of a student&rsquo / s needs / provision of support necessary to facilitate effective education / and provision of individualised support measures in environments that maximise academic and social development of the students with disabilities. It is generally accepted that the right to education is one of the most essential rights, particularly in light of its empowerment function that helps to facilitate the exercise of other rights. The primary level of education has particularly attained global recognition and priority in resource allocation and implementation. Primary education contributes significantly to the maximum development of the full human potential of children. There are therefore differentiated obligations for the right to primary education in international human rights. Nevertheless, there are still significant barriers to access to primary education, particularly in the African region. While children with disabilities have been excluded from education for a long time the world over, their exclusion in the African context is particularly endemic. The core purpose of this thesis is to determine how article 24(2) of the CRPD affects or is likely to affect primary education of children with disabilities, particularly in the context of developing countries. The focus of the enquiry is mainly the law and policy in this regard. The subject spans three main spheres of rights: children&rsquo / s rights, socioeconomic rights (particularly the right to education), and finally disability rights. Children&rsquo / s rights, especially since the adoption of the Convention on the Rights of the Child (CRC), are generally accepted. The right to education also has a long standing history, and whereas debate regarding the appropriate approaches to its implementation still abides, there is apparent normative and jurisprudential consensus on some aspects thereof, particularly at the primary education level. It is essential to determine the relational framework of these spheres with the disability rights established under the CRPD. The thesis finds that the CRPD does in fact redefine the parameters of the right to education as previously understood in international human rights instruments. Particularly, the expanded aims of education under article 24 call for education systems that recognise non-academic learning, such as the development of the talents or creativity of the learner. This provision is particularly significant to the child with disabilities. Also, while not establishing an entirely new right, the principles under article 24(2) establish actionable sub-entitlements that enhance the justiciability right to education for children with disabilities. However, it is apparent from the comparative studies that it is the implementation of these provisions that presents the greatest challenge for the realisation of primary education for children with disabilities. This suggests that whereas norm creation as under the CRPD may have the value of triggering and sustaining discourse on appropriate responses in the context of the education of children with disabilities, it is the translation of these norms into practical action points that is the determining factor for realization of the right.</p>
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Cultural, social and economic rights in the Constitution corpus and Constitutional Court’s Case Law / Los derechos económicos sociales y culturales en el texto de la Constitución y en la jurisprudencia del Tribunal ConstitucionalRubio, Patricio 10 April 2018 (has links)
This article deals with Cultural, Social and Economic Rights established in the Constitution and in Constitutional Case Law. So, after explaining its nature, state’s role according preservation and enforceability,relationship with other fundamental rights, among other key points, it isi ntended to answer, dealing with those rights, which of two scenarios have prevailed: internationalization of constitutional law or constitutionalization of international law. / El presente artículo versa sobre la presencia de los derechos económicos sociales y culturales (DESC) en la Constitución y en la jurisprudencia constitucional. Así, tras abordar su naturaleza, el rol estatal respecto de su preservación, su exigibilidad y su relación con otros derechos fundamentales, entre otros importantes aspectos, intenta responder si en el tratamiento de los DESC en nuestro país se ha producido una internacionalización del derecho constitucional o más bien una constitucionalización del derecho internacional.
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Developing a Community Engagement Model as a Normative Framework for Meaningful Engagement During EvictionsSaul, Zamani January 2016 (has links)
Doctor Legum - LLD / The research problem of this study is the jurisprudential inconsistency in the application
of the right in section 26(3) of the South African Constitution's Bill of Rights. The
inconsistency is due to inadequate conceptualisation of the substantive requirements of
meaningful engagement (ME) by the South African Constitutional Court (ConCourt). The
central argument is that the development of a community engagement model based on the
substantive requirements of ME will enhance the application of section 26(3).
This study commences by illustrating the disempowering nature to the squatters of the
apartheid evictions in South Africa. To tighten influx control, the apartheid regime
introduced a battery of laws that disempowered the squatters. The apartheid-induced
disempowerment of the squatters penetrated into the democratic dispensation. In the
examination of the normative context of evictions post-1994, this study identifies six
primary drivers for substantive involvement of the occupiers during evictions. The six
primary drivers seek to address the disempowering trajectory during evictions.
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The Promotion of Access to Information Act: a blunt sword in the fight for freedom of informationEbrahim, Fatima January 2010 (has links)
Magister Legum - LLM / South Africa
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Democracy in action: Public participation and the progressive realisation of socio-economic rightsRossouw, Melene Cynthia January 2012 (has links)
Magister Legum - LLM / While the Constitutional Court has repeatedly enforced a duty to meaningfully engage with
communities where the provision of basic social services and goods is at stake, uncertainty
about the form, extent and quality of community engagement continues to negatively impact
on development projects. The much publicised "toilet saga" in the Makhaza informal
settlement in the Western Cape is a telling example. This problem is partly attributable to a
lack of clarity about the legal foundations and basis of this duty. The research project
explores such an approach by clarifying the proper legal and constitutional basis of the right
to meaningfully participate in development projects and the delivery of basic social goods,
and in so-doing, to place public participation in socio-economic rights on a sound legal and
constitutional foundation. The project further seeks to develop a framework or best practice
for the practical implementation of this right in the context of urban development projects.
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