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81	Neviditelní nositelé lidských práv / Invisible subjects of human rights Svárovská, Gabriela January 2017 (has links) The idea of universal applicability of human rights has been a symbol of hope that peace and justice in the world is possible, since the late 1940s. Although it is a fiction, and anthropology can proof this bringing countless evidence, strong general awareness of this idea still inspires many in their strive for freedom and dignity as well as opposition to violence. The aim of this thesis is to bring two controversial examples, illustrating how and why value-driven struggle for promotion of human rights fails. The aim is nevertheless not to compromise this noble idea but to contribute to its more thorough understanding as well as more effective implementation. A chapter on so called female genital circumcision (also known as female genital mutilation) offers critical analyses of the international campaign for eradication of this practice, led by international feminist movement since the late 1970s. The attention is drawn mainly to manipulation of facts and unfair argumentation, thanks to which the so called female genital circumcision was labelled cruel practice of backward societies serving degradation and control of women, making more structured understanding of reality impossible. A chapter dedicated to abortion tries to see political and cultural influences hidden under the surface of debate on...
82	Social assistance : legal reforms to improve coverage and quality of life for the poor people in South Africa Tshoose, Clarence Itumeleng 19 January 2017 (has links) The South African Constitution in section 27(1)(c) obligates the state to develop a comprehensive social security system. It affirms the universal right to access to social security, including appropriate social assistance for those unable to support themselves and their dependants. It orders the state to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of these rights. The underlying normative commitment of social security is the improvement of the quality of life of the population by promoting economic or material equality. Social security ensures that all citizens have a stake in society and that each individual has an incentive to contribute to the development of the commonwealth. It plays a crucial role in the lives of communities and families viewed in the context of social transfers which provide broader development objectives and tackles income poverty transfers. The objectives of this study are threefold. Firstly, it examines the extension of social assistance coverage to the indigents in South Africa. Secondly, it looks at the legal mechanisms employed by courts and government in order to improve the social security rights of the poor in South Africa. Thirdly, the research investigates the possible reform and trends in India and Brazil with the aim of improving South Africa’s system of social security. For the avoidance of doubt, the law evaluated in this work is at 15 September 2015. / Jurisprudence / LL. D. Social security Socio-economic rights Human rights Poverty Inequalities Unemployment Vulnerable people Constitution Courts Comprehensive social security The right to life Public interest litigation Social protection floor International social security law Indian social security law Brazilian social security law Bolsa familia 344.2068 Social rights -- South Africa Human rights -- South Africa Equality before the law -- South Africa
83	Killing in defence of property : a legal comparative study Awa, Linus Tambu 19 August 2016 (has links) This research examines the legal issues surrounding killing in defence of property in three selected jurisdictions: South Africa, Cameroon and the United States. The comparative analysis illustrates that although the right to protect one’s property is universal, this defence is interpreted differently in the various jurisdictions. Another issue considered in the study is the constitutional right to life in each jurisdiction and whether or not an unlawful attack against one’s property creates a legal entitlement for the attacked party to take the life of another in defence of his or her property. Private defence of property is available when a person uses force to defend an interest in property, for example; to prevent a would-be thief from taking his own, or another’s property, to prevent someone from damaging his own or another’s property, to prevent an intruder from entering his own or another’s property. When an accused pleads private defence, his claim is that his harm-causing conduct was, in the circumstances, lawful. The reasonable use of force (short of deadly force) in the private defence of property is not disputed. However, the use of deadly force in protection of property is controversial, especially in a constitutional state such as South Africa where life should be prized above property. One should however also consider that there is a close link between the private defence of defending life and of protecting property. In many cases, an assault on property also involves a threat on life. However, there are cases of private defence of property where no threat to bodily integrity exists. These situations will be examined in all three jurisdictions and measured against the various constitutional imperatives. Conclusions and recommendations are made as regards the legal framework on the defence of property in the criminal law of the various jurisdictions. / Criminal and Procedural Law / LL. M. Private defence of property Self-defence Lethal force Right to life 345.4 Self-defense (Law) -- South Africa Self-defense (Law) -- United States Self-defense (Law) -- Cameroon Right of life -- South Africa Right of life -- United States Right of life -- Cameroon Right of property -- South Africa Right of property -- United States Right of property -- Cameroon Criminal law -- South Africa Criminal law -- United States Criminal law -- Cameroon
84	EKMR och klimatprocesser mot stater : Vad har stater för bedömningsmarginal i att tillförsäkra minskade klimatutsläpp Eriksson, Malin January 2023 (has links) No description available. Environmental law climate law human rights climate change litigation ECHR ECtHR European court of human rights margin of appreciation right to life right to private life right to family life article 2 article 8 positive obligations international standards KlimaSeniorinnen Careme Duarte Neubauer Urgenda Klimaatzaak Aurora Framework Convention on Climate Change Environmental human rights law Miljörätt klimaträtt mänskliga rättigheter klimatprocess EKMR Europadomstolen bedömningsmarginal rätt till liv rätt till privatliv rätt till familjeliv artikel 2 artikel 8 positiva förpliktelser internationell standard KlimaSeniorinnen Careme Duarte Neubauer Urgenda Klimaatzaak Aurora Klimatkonventionen ramkonvention om klimatförändringar Law Juridik

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