Spelling suggestions: "subject:"alights enforcement"" "subject:"andrights enforcement""
1 |
‘Judging’ Lesbians: Prospects for Advancing Lesbian Rights Protection through Courts in NigeriaObani, Pedi 07 October 2023 (has links)
Yes / Nigeria is one of many countries in Africa that criminalize same-sex relations, and this has been reinforced by law enforcement agencies and the courts. As part of efforts to protect LGBTQ (lesbian, gay, bisexual, transgender, and queer) persons from various forms of discrimination and violence, the growing LGBTQ movement sometimes approaches the court for rights enforcement. There is a dearth of cases specifically focused on lesbian rights except for a 2018 case, Pamela Adie v. Corporate Affairs Commission. This limits empirical evidence for assessing the role of the courts but also strengthens the case for an enquiry into how the courts can protect lesbians in Nigeria against discrimination on the grounds of their sexual identity. This chapter analyzes how intersecting categories of gender, sexual orientation, class, and location affect lesbians’ experiences of discrimination. It also explores impediments in laws and the formal justice system that result in discrimination, thereby affecting access to justice. The analysis reveals opportunities for the courts to adopt a proactive approach to interpreting fundamental rights guarantees in the constitution of the Federal Republic of Nigeria 1999. Pragmatic recommendations are made for a multi-stakeholder approach and cross-jurisdictional learning.
|
2 |
Enforcement Of Intellectual Property Rights In A General Framework And Evaluation Of Enforcement Measures In The Eu ContextCoskun, Asu 01 December 2006 (has links) (PDF)
This thesis analyzes the enforcement measures for the protection of intellectual property rights in an international and regional framework. The challenges posed by the digital technology / the difficulties faced by right holders, judiciary, public agencies, international and regional organizations in the implementation stages will be discussed by referring to the legal texts such as the TRIPS Agreement, the EU Enforcement Directive and Regulations. All dimensions of counterfeiting and piracy will constitute an important focus of this thesis. The thesis will seek to clarify uncertainties arising from the jurisdictional conflicts for the determination of the applicable law and competent courts in intellectual property cases involving foreign elements.
|
3 |
Rhetoric or reality? : victims' enforcement mechanisms in England and Wales and the United StatesManikis, Marie January 2014 (has links)
Recent policies in England and Wales and the United States have recognised for the first time enforcement mechanisms for victims of crime under the Crime Victims’ Rights Act (CVRA) in the United States as well the Code of Practice for Victims of Crime in England and Wales (the Code). Although very different from one another, these policies ostensibly aimed to provide a stronger commitment to victims’ rights, by recognising an accessible, timely and impartial process that recognises accountability and provides individual remedies in cases of breaches. This thesis engages in a careful in-depth analysis of these mechanisms and their implementation based on elite qualitative interviews, case law analysis and a multidisciplinary examination of the relevant literature. It argues that on the whole, these mechanisms have presented a number of limitations, and thus in many respects cannot and have not delivered accessible, and timely means to respond to victims’ rights breaches. Most importantly, it demonstrates that for certain types of breaches and in certain contextual settings, these mechanisms have recognised only limited or no redress at all for breaches. This research takes the available victims’ literature further by arguing that many of these promises have been closer to rhetoric than reality and providing a more nuanced portrait of the substantial difficulties and limitations that relate to these enforcement mechanisms. In effect, these limitations can be understood in light of the nature and structural components of these selected mechanisms, as well as the ways they have been implemented by the main actors involved in these processes and the different contexts under which the different types of breaches take place. Finally, despite their limitations, when compared to one another, each mechanism can be considered a better option for access, timeliness and redress – depending on context and the type of breach. Following from this analysis, a complementary approach is developed which can facilitate and increase opportunity for redress for a wider range of situations. It is important to bear in mind however the limits of the complementary approach; namely, that it only includes elements inspired from the two mechanisms examined in this thesis and that there are several limitations that relate to transplants and policy transfers.
|
Page generated in 0.1578 seconds